Apply for a Section 38 Agreement

A Section 38 Agreement is for the construction of new roads, footways or other infrastructure that developers want us to adopt.

The maintenance of the road is the responsibility of either the:

• developer
• landowner
• homeowners
• maintenance company (if one has been appointed)

You will need to have:

• approval for all of the technical details
• a signed Agreement
• paid all the necessary fees
• a bond or cash deposit
• any relevant easements and licences

For sites with works proposed within the existing highway, you'll also need an approved road space booking permit.

View more information on our technical approval process and timescales page, or our legal process for highways development.

You will need to send us:

• details of the developer, landowner, surety and solicitor
• a copy of the planning permission
• construction drawings
• location plan
• a quotation from your contractor showing the value of your highway works

We will review the quotation when we receive your application to determine the fees and bond amount.

We will not process an application for a Section 38 Agreement until planning approval has been issued for 'full or reserved matters'.

Download, complete and email the application form to apply.

Email the completed form to [email protected]

For more detailed information, view our Section 38 in-depth guidance notes.

You can view the road adoption process flow (PDF, 79.8 KB)

Or view an accessible version of the flow chart as a (text) step-by-step process below: