H&F logo
A to Z of services:  A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z 

Borough of Opportunity

Road Adoption

We will only adopt an existing or newly built private road if it benefits the public. This page explains the process of road adoption.

Unadopted/private roads

An unadopted or private road is maintained using private money, usually by the owners of properties on the road. Therefore the council does not have to repair or clean a private road, even though it could be a public right of way where highway and traffic law applies.
 
New roads that have been privately made (usually by developers) following the council's guidelines are normally adopted through a legal agreement between the developer and the council. These agreements may be drawn up before or after the road is built.

An existing private road will not normally be adopted unless it is brought up to a proper standard by its owners. It may, for example, be unmade, with no road drains or street lights, and its surface may be in a poor condition. It can be costly to make up these roads to an adoptable standard.
 
The 1980 Highways Act gives us the power to make up a private road to a satisfactory standard in order to adopt it. The Act also allows us to charge the cost of the works to the owners of properties on the road. House builders are able to sell their houses more easily when these road charges have been paid.

Adoption of a road will also ensure ready access in emergencies and for routine maintenance. Please note that any road established before 1835 is assumed to be a publicly maintainable highway, or more commonly known as an ‘ancient highway’.

For guidance notes on how to get a road adopted, please click here.