Below are other models associated with an S38 application. A Section 38 agreement should be concluded and submitted by the proponent of the work. 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. Copies of the Section 38 agreements are available from the relevant regional authority of the Land. 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. Copies of the above agreements are managed by LGSS Law (Northamptonshire Highways` legal service providers). Visit the site in Section 38 of the agreement to learn more. 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. The section 38 agreement is legally binding. It says that once a new road has been built to our criteria under a Section 38 agreement, it is generally maintained publicly.

When we receive an application, we will verify that we identify the legal agreements relating to the property and inform you of the cost of making those copies available. Copy contracts can take up to 7 business days to be made available to you from the time payment is received. 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. Help with Section 38 agreements or the CPA, On this page, you will find information on section 38 of the agreement and guidance documents that will help you apply the application form. Please note that due to major projects related to the legal agreement, it is generally not possible to provide copies of these documents electronically. 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.