The agreement provides for a levy covering the costs of the agreement; Project review, preparation of the agreement, inspection of work and routine maintenance of non-essential objects for motorway purposes (converted amounts). There may also be an obligation for the proponent to cover the motorway authority against the possibility that the proponent may not be able to properly complete the work, for example.B. if they become insolvent. The procedure required to reach an agreement can take time and time, and it is therefore desirable to get in touch as soon as possible with the authority of the motorways. The Highway Authority (Council) does not have the power to insist that a developer enter into an S38 agreement. However, many developers consider this also the best option, as the adoption process can be long, and if it takes place at the end of a route, the developer is responsible for all maintenance work until the adoption takes place. A developer may complete the construction of a road and then propose to the Highway Authority in accordance with Section 37 of the Highways Act 1980, but the S38 is more desirable because the Commission does not have the authority to insist that a road meet an authorized standard or that it is then proposed for adoption. However, if an S38 agreement is reached before construction begins, the City Council can ensure that it is built, lit and drained to the appropriate standards. Once an agreement has been reached in accordance with Section 38, the developer must work under a number of conditions, conditions and deadlines. It is supported by a loan or cash deposit, calculated by the motorway authority, on the basis of the proposed work. This loan or cash deposit can be used if the developer goes into liquidation or if he otherwise complies with his obligations. Before entering into an agreement, the developer must have obtained the building permit, including permission for all reserved questions. The building permit will generally include an indicative ordinance of the roads to be adopted.

A Section 38 (or S38) agreement is a section of the 1980 Highway that can be used when a developer proposes the construction of a new road for residential, industrial or general transportation, which can be proposed to the road authority for adoption as a public highway. The assumption is that the highway authority agrees to maintain the road at a public expense from an agreed date. The agreement between the motorway authority and the promoter is called the agreement section 38. Section 38 of the agreements is often concluded at the same time as Section 278, which allows developers to carry out work on a public highway. This may be necessary. B to allow access to a new website or to improve access to an existing website. For more information, see Section 278. NB: Section 37 of the Highways Act 1980 allows developers to provide the highway authority with completed roads for adoption. This is generally a less desirable route than an agreement under Section 38 of Section 38 of the Highways Act 1980, which provides that when the building permit for a new construction has been issued, designers may ask the highway authority to adopt new roads built as part of the development, as well as related infrastructure. , such as sewers, lighting and support structures. The work must be built according to a project and a standard agreed by the motorway authority. The proponent is responsible for carrying out the work at its own expense and the maintenance costs until it is adopted.

Information on existing assets and inventory can be requested via our general application form. Between the completion of the work and the resumption of the roads, there will usually be a 12-month maintenance period. If development is gradual, adoption usually takes place after the completion of the final phase. Roads can continue to be used as access routes for construction traffic. The road authority will be either the Secretary of State for Transport or the local motorway authority.