«But it seems that there is no legislation to force manufacturers to adopt new roads by the Council.» Q – What if my neighbourhood didn`t have a legal adoption contract? The problem could be solved in the terms of the planning agreement and documentation if it was a development condition that no house could be sold or occupied until all agreements and support obligations were available, but the author never saw it either, as there is always pressure to complete the property. F – Are there any contractors or consultants recommended by R.A.A.G who can help us organize and carry out the work necessary to obtain adoption? Q – What is a 38 (Public Highways Act 1980) or 104 Agreement? A Section 38 agreement requires the developer to complete certain work within the prescribed time frame. For example, the pavement must be complete to the depth of the surface material (the layer under the finished roadway), sidewalks must be completed and public lighting must be operational. Therefore, compliance with the agreement should ensure a safe and usable highway for residents before its formal adoption. However, it is becoming more and more common that when this owner comes to sell, the street has not been accepted. Of course, for the first five to ten years, it takes little maintenance of the road and it never happens to the owner until they come to sell that there may be a problem. 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. A – Almost all adoption agreements will have designated a third-party lender (usually the bank) as insurance for the same situation. The Bondman assumes all responsibilities and must pay for all the work necessary to obtain adoption, so that you protect the homeowner from never living in an unreased estate. Large constructions, including a large road and pedestrian network, are often divided into phases, with a separate S38 agreement for each phase, sometimes with different developers.

This scenario is the biggest challenge in defining road construction and completion rates, as developers are often under pressure to build and sell homes in normal order due to the demand for markers. Different developers build at different speeds and not all stretches of road inside a building can be completed one after the other. For a section of road to be accepted, it must be connected to another section of the highway. This can sometimes lead to the completion of road sections to appropriate standards, but will only be accepted when the sections of road that connect them to the supposed highway are also completed to an acceptable standard. Even if these agreements are signed, residents must rely on advice to enforce them if the work remains unfinished. The agreement is also guaranteed by a loan or financial payment which the road authority may benefit from in certain circumstances, for example. B if the developer goes bankrupt or goes into liquidation before the roads are completed. There is a form of compensation insurance that can be taken out to cover a developer`s failure to make the roads. Each application is reviewed on its merits and there is no guarantee that can be obtained in all cases.