Section 38 Highways Adoption Agreement

The agreement provides for a levy covering the costs of the agreement; Project review, preparation of the agreement, inspection of work and routine maintenance of non-essential objects for motorway purposes (converted amounts). There may also be an obligation for the proponent to cover the motorway authority against the possibility that the proponent may not be able to properly complete the work, for example.B. if they become insolvent. 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. 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. Upon receipt of your application online and all information, your application will be assigned to our motorway contract managers, who will contact you and provide additional instructions specifying the payment necessary to cover the administrative and technical costs of design control. This must be paid before the start of the technical design test. Once this tax is paid, the technical design check begins.

No site inspection is carried out to authorize the work of a developer on site, unless all contractual costs have been paid. All amounts must be paid before section 38 closes. Our highway agreement team is responsible for carrying out all necessary technical and design tests and inspections of the work. It is the developer`s responsibility to provide, facilitate and coordinate all the information necessary to complete this task within a reasonable time. Technical testing is an iterative process for which the developer presents a series of revised drawings to respond to our comments.