Sometimes there may be delays in the completion of the road adoption, this could be because the developer starts building before the conclusion of section 38 of the agreement, attempts to change the standard conditions of Section 38 of the County Council agreement, the road is built slowly or unfinished, the road is not built according to regional council standards, there may be problems with the acceptance of sewers under the new road, the road may be ready, but there may still be outstanding construction defects to correct the developer. This can include things like faulty streetlights, potholes, overgrown edges, broken discharge blankets. The passage under Section 37 allows the developer to build the road and complete the development without the need for a formal agreement with the road authority. If the road is considered useful enough to justify its maintenance at public expense and built according to an acceptable specifications, the road authority would accept notification of the proposed dedication by the proponent and, after a 12-month maintenance period, the road would become passable at public expense. Buyers are therefore in a difficult situation. There is no real legal obligation for someone to place the roads at an acceptable standard if the agreement is not in force and if, ultimately, the motorway authority could go back to the person who owns the land at this stage to contribute to the considerable costs. If you are buying real estate with the help of a mortgage, this situation should be reported to your mortgage lender, who cannot continue. Even if you don`t need a mortgage for your purchase, you need to consider the impact when you come to sell the property. The agreement is also guaranteed by a loan or financial payment which the road authority may benefit from in certain circumstances, for example. B if the developer goes bankrupt or goes into liquidation before the roads are completed. Please visit Section 38 Contract Copies to find out how to get copies. Assuming that proponents have not made sufficient progress to facilitate the roadworks adoption process, a formal notification may be sent to the proponent within the time frame set out in the agreement, to demonstrate that roadwork completion is actively unseating and that borrowing can be used. 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.

The adoption of Section 38 allows the promoter to enter into a legal agreement with the road authority to ensure the final adoption of a new departmental road. The agreement contains a framework of clauses, including the duration of road construction, responsibility for the maintenance and repair of the road prior to adoption, payment of Landratsamt fees and fees by the developer, all land transfer arrangements and what happens if something goes wrong. A Section 38 agreement requires the developer to complete certain work within the prescribed time frame. For example, the pavement must be complete to the depth of the surface material (the layer under the finished roadway), sidewalks must be completed and public lighting must be operational. Therefore, compliance with the agreement should ensure a safe and usable highway for residents before its formal adoption. A Section 38 agreement should be concluded and submitted by the proponent of the work. To request a copy of an agreement, call 01604 367988 or 01604 367036 or e-mail legal.admin@lgsslaw.co.uk Northamptonshire Highways will not be able to enter into a Section 38 agreement until a Section 104 agreement is reached with the Water Service and a copy of this Section 104 agreement is obtained from the site developer. To do this, please email highwayadoptions@northamptonshire.gov.uk.