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Adoption standards and estate roads specification

Main Details

The procedure for road adoption differs depending on the age of the road:

Proposed roads and roads currently under construction

The Developer should obtain a Section 38 (Highways Act 1980) Agreement from Lancashire County Council to ensure adoption. This provides that the road will be adopted and that it is built by the developer to the required standard.

The Council's standards for new roads can be found within the Specification for Construction of Estate Roads (2011) and Creating Civilised Streets guide.

Once works are completed, there is a twelve month guarantee period, to ensure the quality of the road.

After 12 months, there is a final inspection by a council engineer, followed by adoption.

If you would like advice on this, please call the relevant contact (see contacts tab).

Recently built roads

Property Searches carried out at the time of purchase show if a new road is unadopted and if so, whether there is the proper protection of a Section 38 Agreement.

Residents who decide to purchase property on a road which has been built without a Section 38 Agreement should be aware that there is no guarantee that their road will be finished and adopted.

Nevertheless, it may still be possible to pursue the builder for road repairs and encourage him to get the road adopted by the Council via a Section 38 Agreement. However, if there is no agreement or developer, then the road maintenance usually reverts to the residents. If you would like advice on this, please call the relevant contact (see contacts tab).

Older unadopted roads

If you are interested in having an older road adopted, the first step is to contact your Area Customer Support Team please call the Customer Support Team (see contacts tab).

Following the initial enquiry, a Council engineer from the Area office will visit the street and will provide you with a list of the improvement works required.

Works will usually be funded by the affected residents, so the adoption won't be initiated by the Council without substantial resident support. The works can be expensive, so we recommend forming a residents committee to fund the works and agree upon the adoption procedure.

Once works are completed, there is usually a twelve month guarantee period, to ensure the quality of the road before it can be adopted. After 12 months, there is a final inspection by the Council engineer, followed by adoption.

© 2014, Lancashire County CouncilPhone: 0300 123 6701 email: enquiries@lancashire.gov.uk