How To Get A Section 38 Agreement

When a developer builds a new road in Nottinghamshire, they make an agreement with us. This is part of Section 38 of Highway 1980. A developer may complete the construction of a road and then propose to the Highway Authority in accordance with Section 37 of the Highways Act 1980, but the S38 is more desirable because the Commission does not have the authority to insist that a road meet an authorized standard or that it is then proposed for adoption. However, if an S38 agreement is reached before construction begins, the City Council can ensure that it is built, lit and drained to the appropriate standards. Copies of the Section 38 agreements are available from the relevant regional authority of the Land. The assumption is that the highway authority agrees to maintain the road at a public expense from an agreed date. The agreement between the motorway authority and the promoter is called the agreement section 38. Section 38 is often agreed with section 278. As a general rule, we will only process a Section 38 request for agreement when the plan has been established for “full or reserved issues.” A Section 38 agreement should be concluded and submitted by the proponent of the work.

Before entering into an agreement, the developer must have obtained the building permit, including permission for all reserved questions. The building permit will generally include an indicative ordinance of the roads to be adopted. The Highway Authority (Council) does not have the power to insist that a developer enter into an S38 agreement. However, many developers consider this also the best option, as the adoption process can be long, and if it takes place at the end of a route, the developer is responsible for all maintenance work until the adoption takes place. 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. For agreements in Nottingham City, please contact Nottingham City Council. The procedure required to reach an agreement can take time and time, and it is therefore desirable to get in touch as soon as possible with the authority of the motorways.