Hampshire County Council Section 38 Agreement

Once a new road has been built to our standards under a Section 38 agreement, it is normally publicly maintained. For agreements in Nottingham City, contact Nottingham City Council. The target response time is 15 business days. If it is necessary to obtain clarification from the applicant on the details of the motorway agreement(s), it may take longer for the copy to be made available. Once payment is received, an electronic copy of the motorway agreement(s) is provided by email for a property, property group or site signed by Hampshire County Council. Such questions can extend the process beyond 12 months. The County Council has no legal authority to bind or compel the Developer to enter into an agreement pursuant to Section 38. Sometimes it can happen that the developer cannot respect the terms of the agreement. In such cases, the borough council may call the guarantor to allow the work to be completed. If the extent of the work required exceeds the value of the guarantee, the borough council may decide not to take the road and it remains “private”. The most common way to adopt roads is through a legal agreement. Legal agreements are entered into in accordance with section 38 of the Highways Act 1980. The agreement of Article 38 is legally binding.

It says: if possible, download the search or excerpt referring to agreements, as this will also help us find the corresponding agreement. Motorway agreements identified when seeking basic charges should include the names of the parties concerned (signatories). Highway Development Agreements Guidance for Developers provides an overview of the various sections of the Highways Act (1980) that are relevant to the construction and acceptance of Highway Works by developers. It leads the reader to the most appropriate form of the agreement, as well as the structure of the design control procedure and the provision of details about the associated fees and costs. If the agreement was discovered by a land debt search, these details should be included in the search result. Road Adoptions and Section 38 AgreementsThis is dealt with by Hampshire County Council If you complete the application form, a developer may propose a no-deal adoption route under Section 38. Provided that roads are built to a usable standard, County Council may return to the road through a dedication act under the Highways Act 1980. When a developer builds a new road in Nottinghamshire, they make a deal with us.