Section 38 agreement

Section 38 of the Highways Act 1980, (S38) enables Highway Authorities to adopt new roads and streets constructed by developers or other third parties to become maintainable at the public expense.

Applying for a Section 38 agreement

To request an application form, please email [email protected].

Please ensure:

• you have obtained detailed planning permission for the site
• any plans are submitted to [email protected] and need to be those approved by the planning authority
• you are able to provide payment of the audit fee by credit card (if you are not able to do so, you will be invoiced)
• you have provided an abortive costs letter
• you have read the Section 38 agreement guidance notes for developers

​What happens next

When you have submitted the form, please allow a minimum period of 3 weeks for initial review and 2 weeks for subsequent iterations and submissions.

You can obtain a copy of a Section 38 agreement.

Last updated 24 October 2023