Section 38 Highways Adoption Agreement

Before entering into an agreement, the contracting authority must have obtained the building permit, including the authorization of any reserved matter. The building permit will generally include an indicative provision of the roads to be issued. A Section 38 (or S38) agreement is a section of the Highways Act 1980, which can be used when a developer proposes to build a new land road for residential, industrial or multi-purpose transportation, which can be offered to the highway for adoption as a public highway. NB: Section 37 of the Highways Act 1980 allows developers to offer the Motorway Authority completed roads for adoption. This is generally considered to be a less desirable route than a section 38 agreement. Once the contract fee is fully paid, the design testing of the development details begins. On-site verifications will not begin until the contract fees have been paid in full. For more information on Article 38 of the agreements, you can obtain by e-mail After receiving your online application and all the information, your application will be assigned to our motorway agreement managers who will contact you and provide you with additional instructions and indicate the payment necessary to cover the costs of administrative and technical design examination.

This must be paid before the start of the technical design examination. Once this tax is fully paid, the technical design review begins. No location inspection is initiated to authorize a developer`s work on site, unless the full contract fee has been paid. All amounts commuting shall be payable before the conclusion of the agreement in accordance with Article 38. The agreement is accompanied by a fee covering the costs for the following amounts: verification of projects, preparation of the agreement, inspection of works and continuous maintenance of objects not necessary for the purposes of the motorway (pendulum amounts). It may also be necessary for a loan from the developer to cover the motorway authority against the possibility that the developer will not properly complete the work, for example.B. if they become insolvent. The works must be built according to a project and a standard approved by the motorway authority. The developer is responsible for the execution of the work at its own expense and maintenance costs until its acceptance. Highway drainage should be installed inside the highway or an existing public road. Where a new motorway exit is planned on private land, an easement shall be included in the agreement provided for in paragraph 38.

A contractual fee for administrative, technical design and inspection costs is set at 8.5% of the amount of the loan and is levied for all agreements under Section 38. . . .