Highway adoption: Basic guide
There are 12 steps in the Section 38 application process.
1. Contact RMBC to Begin the Process
Establish communication with our Planning Department and Development Control at the earliest possible stage.
Contact highways about road adoption
2. Confirm Planning Approval Granted
Following an ongoing dialogue, an agreed layout with Formal Planning Approval may be granted along with associated ‘Planning Conditions’.
3. Submit Drawings for Technical Approval
Once Planning Approval has been granted, please submit a set of the following drawings to be reviewed and approved by the Highway Adoptions Officer.
For the Section 38 Agreement, electronic PDF copies of the adoption layout plan shall be submitted to the Council.
The layout plan should be sized at A1, drawn to 1:500 scale and incorporate a location plan, drawn to either 1:1250 or 1:2500 scale, as appropriate. The location plan should show the outline of the new roads by a broken line and the boundary of the land in the ownership of the applicant defined by red edging:
- Site Layout Plan
- Proposed Highway Adoption Plan
- Surface Finishes Plan
- Road Construction details
- Typical cross-sections
- Surface Water and drainage Layout
The plans should be set out in the following format:
- Site boundary - Edged in red
- Carriageways - Brown
- Footways and footpaths - Yellow
- Highway drainage including gullies and gully connections - Blue
- Highway verges and adoptable landscape areas - Green
- Pedestrian crossings/barriers etc. - Black
- Drainage easements - Hatched Black
- Highway Retaining walls - Black
Please see “RMBC Guidance Document” for full list of requirements.
4. Application Fee
A non-refundable payment of *£2,500 will be charged to cover officer time spent processing the application including discussing, reviewing and consulting on drawings and any other issues prior to Technical Approval.
*This charge will be reviewed annually in line with neighbouring local authorities.
5. Confirm Technical Approval/Begin Site Work
Only once Technical Approval is granted should works commence without prior approval from the relevant officer. Failure to comply may be a breach of ‘Planning Conditions’ and appropriate action may be taken.
6. S.278/S.184(3) Applications
In some instances, enabling works or alterations to the existing highway are required. In those cases, a S.278 may be required or alternately in some cases a S.184(3) may be an option. In either case the relevant officer will advise accordingly.
For more information on S.278:
View the S.278 procedure document for developers
7. Submit Legal Details, Fees and Bonds/Surety
Prior to commence of the S.38 Agreement, along with the ‘S.38 Application Form’ you may be asked to submit further details to our legal department along with a non-refundable legal fee of £1,500. A bond or surety calculated by the relevant officer will also be required to cover RMBC’s costs to complete the agreed construction should the developer be unable to fulfil the requirements of the legal agreement. This amount will be reduced periodically upon progression on site as detailed in the agreement in the form of a Part 1 and Part 2 Certificate.
8. Commence S.38 Agreement
Once completed, a signed and sealed S.38 Agreement will be sent out to all relevant parties.
9. Site Inspections and Testing Fees
Inspection and testing fees will now be invoiced charged at *7.5% of the total bond cost.
*This charge will be revied annually in line with neighbouring local authorities.
10. Part 1 Certificate
Following an agreed inspection, a Part 1 Certificate, will be issued when the carriageway has been constructed up to and including binder course and the street lighting columns have been erected and serviced. 50% of the initial bond value shall now be released.
10. Part 2 Certificate
Following an agreed inspection all remaining remedial works will be identified, the Part 2 Certificate will be issued when the works have been completed to the satisfaction of the relevant officer. 25% of the remaining bond value shall now be released. The site will now be placed in a 12-month maintenance period.
11. Final Inspection
Following the completion of the 12-month maintenance period, a final inspection will take place with the any outstanding remedial works identified and required to be completed to the satisfaction of the relevant officer prior to the issuing of the final certificate.
12. Final Certificate and Formal Adoption
On completion of the S.38 Agreement, the final certificate will now be issued and the remaining 25% bond now released with the agreed highways now being maintainable at public expense and formal adoption complete.
A full version of the Section 38 guide is also available for download.
