New road agreements (Section 38)
A Section 38 agreement is part of the Highways Act 1980. It’s used when a developer plans to build a new road that may become a public highway.
Developers can finish building a road and offer it to us under Section 37, but Section 38 is usually better. If the agreement is made before construction starts, we can make sure the road is built to the right standard, and includes proper lighting and drainage.
We can’t force developers to enter into a Section 38 agreement, but many choose to because it helps avoid delays. If a road is built without an agreement, the developer must maintain it until it’s officially adopted.
Once the agreement is in place, the developer must follow certain conditions and deadlines. They must also provide a bond or cash deposit, which we calculate based on the planned work. This protects us if the developer goes into liquidation or doesn’t meet their responsibilities.
If you need a copy of a Section 38 agreement or bond, email road.adoptions@staffordshire.gov.uk. There is a charge of £55.00 for each copy.
Copy of exemption notices
An exemption notice is issued by the County Council to an individual or business, stating that a road is to remain private.
Copies of exemption notices may be requested by emailing road.adoptions@staffordshire.gov.uk. The charge for copies is £55.00
