Section 38 and Section 278 Agreements

When planning a housing scheme we will often legally require the developers to agree what they build will meet our design standards. This could include roads, footways, drainage and lighting. These agreements are based on sections of the Highways Act 1980 and the two main sections of this are Section 38 and Section 278.

Section 38 Agreements

Cover all new roads, footways drainage and lighting, for example, usually within the scheme boundary, which will be a highway adopted by us when the scheme is complete.

Section 278 Agreements

Cover changes to any of the existing public highway as part of a scheme. This could include new vehicle access points such as roundabouts, traffic signals etc.

In both of these examples, we will work with the developer and/or consultants to agree the design for a scheme. We will also carry out on-site checks to make sure everything is built to the agreed plans.

Copies of S38 or S278 Agreements and Plan Extracts

When buying a property, you may need a copy of any relevant agreement. We can provide you with copies of:

• Section 38 agreements
• Section 278 agreements
• Plans of Section 38, Section 278 or general adoption for a specific property

Costs

We charge for copies of agreements and plans and review the fees regularly.

Copy of a Section 38 or Section 278 agreement - £90 (VAT exempt) per copy

Adoption Plan - A4, for one property only - £84 (incl. VAT) per copy

You can order copies from us by emailing [email protected], you will need to:

• Tell us the location or address of the property you want the information for
• Provide a plan showing the boundary of the property / land (outlined in red) with the surrounding area
  
• Tell us if do you want a:
  • Section 38 Agreement
  • Section 278 Agreement
  • Adoption Plan

We will get in touch with payment details.

Street Naming and Numbering

This also includes creation and change of house or business names. We do charge for this service according to national guidance. Our policy contains general guidance on costs so you will need to email us to get a quote.

Read our Street Naming and Numbering Policy.

You can email your request to [email protected] we will let you know the cost and how to pay.

Highway Searches

These are searches of the public records relating to the highways and are usually requested by anyone purchasing a property within the borough. Each search is specific to one address or plot of land. This information has been provided free of charge in the past but following a ruling from the Information Commissioners we are now able to charge a fee.

We can carry out a search for you (LLC1, CON29O, CON29R), visit our Land Charges page for more information and costs

You can get the highways information free of charge by looking at our interactive map.

CON29 Questions

If you have any questions about CON29 highway information please look at our Land Charges page.