Road Adoption FAQs
- How do I know if my road has been adopted?
- How does a road become adopted?
- Who is responsible if the road is not adopted?
- Does my road have a Section 38 agreement?
- Why is the council not chasing the developer?
- How can I get a copy of a Section 38 or Section 104 agreement?
- Do I need planning permission to create a vehicular access onto a public highway?
- Do I need permission from the Highway Authority to construct a vehicular access?
- Can you provide me with copies of Ordnance Survey Plans?
- Can you advise on the extent of the public highway?
- Can you tell me who owns a parcel of land?
1. How do I know if my road has been adopted?
This will depend on where the road is. The status of all roads in the borough is contained in the council’s Highway Register held and maintained by the Geographical Information Section. The register will tell you whether the road is public highway or private. It will also tell you whether the council is responsible for its maintenance. Contact the Geographical Information Section on 020 8359 7293.
2. How does a road become adopted?
For new roads developers must approach the council about adoption.
New roads that have been constructed in accordance with the council's guidelines are normally adopted by way of an agreement between the developer and the council under Section 38 of the Highways Act. This agreement says that we will adopt the roads if they are built to a pre-defined standard of detail and construction. A financial contribution towards future maintenance may also be included. Sometimes the adoption process can take a long time and while the road remains unadopted, the developer owns it.
Existing roads will not normally be adopted unless the owners of the road bring them up to current adoptable standards. This includes drainage, street lighting, road surface and pavements. You can find out who owns the road outside your house from the Land Registry.
3. Who is responsible if the road is not adopted?
If a Section 38 agreement is signed then the developer maintains the road until adoption is complete. If no agreement is in place then it will be the developer or a private management company.
4. Does my road have a Section 38 agreement?
The council’s highways group will be able to help you here. Contact the team on
020 8359 3044
5. Why is the council not chasing the developer?
The council cannot force private developers to carry out work. We can and do make representations on behalf of residents of new roads, but we have no powers under the Highway Act 1980 to make developers offer roads for adoption.
6. How can I get a copy of a Section 38 or Section 104 agreement?
We are only able to supply you with copies of the Section 38 agreement. You should contact the council’s Legal department. To obtain a copy of a Section 38 agreement, please write to Law and Probity Section, enclosing a cheque for £36 (charge per agreement) made payable to London Borough of Barnet. For a copy of the Section 104 agreement (Adoption of Sewers), you need to contact Thames Water Utilities Ltd on 0845 9200800
7. Do I need planning permission to create a vehicular access onto a public highway?
In general, if the adjacent highway is an unclassified highway, you do not need planning permission to creating a vehicular access. However, if you are within a conservation area or have a listed wall, you may need planning permission. Contact the planning department on 020 8359 4561.
8. Do I need permission from the Highway Authority to construct a vehicular access?
If the access crosses a verge or footway, you will need a Section 184 (Highways Act 1980) crossing consent. You should contact the Highways Group on
020 8359 3044 to request the necessary forms.
9. Can you provide me with copies of Ordnance Survey plans?
The licence agreement we have with the Ordnance Survey does not allow us to give you copies from Ordnance Survey maps. You can buy Ordnance Survey plans from licensed retailers. Visit www.ordsvy.gov.uk for more information. If you require location plans for planning applications we can provide copies. For the current charges contact Philippa Gent in Planning Services:
- Tel: 020 8359 4679
- Email: philippa.gent@barnet.gov.uk
10. Can you advise on the extent of the public highway?
We can advise on the extent of the public highway if plans are forwarded to us for marking up and comments. There is a charge of £30 per enquiry/item. Please note that unless we have specific information regarding the extent of the highway we cannot guarantee the accuracy of the information provided.
11. Can you tell me who owns a parcel of land?
We can only tell you if the council owns the land. To find out who owns the land you must contact the Land Registry. Visit www.landreg.gov.uk
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