Road construction is a critical consideration in any new housing or commercial development project.
A newly built road, however, doesn’t automatically become part of the public highway network. For a local authority to take over responsibility for maintaining it, a formal process known as road adoption must be completed.
This process is governed by legal agreements – primarily Section 38 and Section 278 of the Highways Act 1980 – which set out how new roads can be adopted or existing roads can be modified to serve a new development.
For developers, understanding these agreements is essential. As well as defining the technical standards required, they also have great impact on timelines, project budgets, and long-term liabilities. Roads that don’t meet the correct criteria may be rejected for adoption, leaving the developer or property owners responsible for upkeep – a situation that can lead to disputes and added costs.
The purpose of a Section 38 agreement
Section 38 applies when a developer constructs a new road that is intended to become part of the public highway. Under this agreement, the local authority agrees to adopt the road once it has been completed to the correct specification. In practical terms, the developer must submit detailed plans for technical approval, construct the road using approved materials and methods, and pass a series of inspections.
The agreement usually includes a financial bond, held by the council, which acts as security in case the developer fails to complete the work. Only when all requirements are met – including drainage, kerbing, lighting and surfacing – will the council adopt the road and take on responsibility for its maintenance. Until that point, the developer remains liable for all defects and repairs.
Section 38 agreements are most common on estate roads within residential developments, but can also apply to new industrial or commercial access roads where the intention is for public adoption.
How Section 278 supports highway improvements
Section 278 agreements come into effect when a developer needs to make changes to an existing public highway. This might involve creating a new junction, widening a road, adding traffic signals, or installing pedestrian crossings. These works are often required by planning conditions, particularly when a development is expected to generate increased traffic or affect the safety of an existing route.
Under a Section 278 agreement, the developer takes responsibility for designing and carrying out the improvements, but must do so under the supervision of the local authority. As with Section 38, the council will require detailed technical drawings, a programme of works, and a financial bond to cover the risk of non-completion. The developer must also ensure that all contractors are suitably accredited and that works are carried out with minimal disruption to the public.
Failure to follow the correct process can delay planning approvals, trigger enforcement action, or result in expensive remedial work. It’s critical that developers engage the right expertise from the outset.
Navigating the adoption process
The road adoption process is detailed and often lengthy. It starts well before any work on site, during the planning and design stage. Developers must engage early with the local highway authority to understand their specific requirements and to ensure all documentation is in order.
Once designs are approved, construction can begin, but progress is closely monitored through site inspections. Any deviation from the agreed-upon plans can result in delays or refusal of adoption.
Once the work is complete, there is typically a maintenance period – often 12 months – during which the developer remains responsible for the road. Only after this period, and once a final inspection has been passed, will the local authority formally adopt the road.
It goes without saying, having a reliable and experienced groundworks contractor onboard during this process is essential.
The role of N&G Groundworks in Section 38 and 278 works
At N&G Groundworks, we’ve built our reputation on delivering road construction projects that meet both technical and regulatory standards. We understand the complexity of Section 38 and Section 278 agreements, and we know what local authorities expect in terms of documentation, safety, and quality.
Our team works alongside developers, designers, and council officers from the very start of the project. We take on both the planning and construction phases, making sure roads are designed, built, and inspected to meet adoption criteria. Whether it’s a new road within a housing estate or changes to a busy junction, we handle every aspect with attention to detail and a strong focus on getting things right first time.
We’re fully accredited for street works and our operatives are trained to work on live highways. We also ensure that all machinery and materials used on site meet the latest safety and performance standards. This gives developers confidence that their projects will pass inspection, stay on track, and avoid the delays that often come from non-compliance.
Supporting developments across the South West
Based in Dorset, N&G Groundworks supports developments across Somerset, Devon and along the South Coast. We regularly work on residential schemes, commercial builds, and public sector projects that involve new road creation or highway improvement. We’re proud to deliver road and street works that meet strict council standards while maintaining efficiency and reliability on site.
For developers planning a new project, working with an experienced road construction contractor can make all the difference.
If your next development includes road works under a Section 38 or 278 agreement, we’re here to help.
N&G Groundworks offers full-service support – from technical planning to final surface finish – all delivered with the standards and care local authorities expect. Speak with our team today and make your road adoption process smoother from day one.
Posted on July 11th 2025
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