Does anybody know nuch about this at all as need some advice :)

Thanks

Lucy

I'm probably barking up the wrong tree, but when I was building houses I had to comply with a section 38 agreement, which basically meant I had to prove to the local local authority that I had some way of insuring any road works I was doing would be finished if I went bust.

Section 38 - Highways Act 1980, Adoption of New Highways

Section 38 relates specifically to the creation of new highways upon land in the ownership of anyone other than the highway authority. It is an agreement between the land owner and the authority for the construction of new highway and the ultimate adoption by the authority as a public highway. The agreement secures a bond for the cost of the works, to enable completion of the works by the authority upon default by the developer, usually for reasons of insolvency but occasionally in instances where the developer has failed to complete the works within a specified or 'reasonable' period of time. The agreement also identifies fees payable for supervision by the adopting authority.

Any developer or his consultants must enter into a process of submitting detailed design proposals to the authority for approval prior to construction works and, sometimes, the agreement will not be entered into until the highway authority has been satisfied that all of its criteria can be met.

All highways must be drained to the satisfaction of the authority. Where the highway drains via new sewers, to be adopted as public sewers, the S.38 agreement will not usually be entered into until the authority is satisfied that the developer is entering to a sewer adoption agreement. Upon completion of the works the developer must seek the agreement of the authority to place the new highway 'on maintenance'. This is a period of 12 months at the end of which any defects are to be remedied prior to formal 'hand-over' to the authority as a public highway.
:)

Thanks for the info. I had got the main idea of what the agreement was about but do you know anything about rights of access in an agreement and transfer of the rights of access  and also if the adoption process after completion goes over the 12 month period ?

Thanks

Lucy

Not really,sorry,but I would imagine every agreement differs according to the 'site' it relates to,taking into consideration nos of properties it may affect etc.I would seek some informal legal advice such as C.A.B if I were in any doubt :)

My Grandparents were in a situation such as this and had to sign a formal contract,allowing others to pass their 'private' drive,to give access to their own homes,on a road which was previously 'no access private driveway',after developers purchased some land from my Grandfather and built properties on it beyond where he lived.It all worked out o.k. in the end with minimal disturbance them.The highways dept.eventually took up the maintenance contract on the whole roadway after the properties were completed,but I do not know how long after.
Jacqueline.

I am taking some steps to find out and get some issues sorted but when you are dealing with Contractors and the Council it can be a nightmare as I am sure you know!

Many Thanks

Lucy