Section 38 Agreement Explained: Everything You Need to Know

If you`re a property developer or landowner looking to build a new road or highway, you may have come across the term “Section 38 Agreement.” In this article, we`ll explain what a Section 38 Agreement is and why it`s important.

What is a Section 38 Agreement?

A Section 38 Agreement is a legal agreement between a developer or landowner and the local highway authority. This agreement sets out the responsibilities of both parties for the construction of a new road or highway, including the design, materials, and maintenance of the road.

Why is a Section 38 Agreement important?

A Section 38 Agreement is important because it ensures that the new road or highway meets the required standards set by the local highway authority. It also ensures that the road is built to a high standard, reducing the risk of maintenance issues in the future.

What does a Section 38 Agreement cover?

A Section 38 Agreement covers several areas, including:

1. Design and materials: The agreement will set out the requirements for the design and materials of the road. This may include the construction of kerbs, pavements, drainage, and lighting.

2. Construction standards: The agreement will set out the requirements for the construction of the road. This will include the thickness of the road and the depth of any foundations.

3. Maintenance: The agreement will set out the requirements for the maintenance of the road. This will include the frequency of inspections and repairs.

4. Liability: The agreement will set out the responsibilities of both parties for any damage or injury caused by the road. This may include compensation payments.

How is a Section 38 Agreement enforced?

Once a Section 38 Agreement is in place, the local highway authority will inspect the construction of the road to ensure that it meets the required standards. If the road is not built to the required standard, the developer or landowner may be required to make changes or pay for repairs.

In conclusion, a Section 38 Agreement is an important legal agreement between a developer or landowner and the local highway authority. It ensures that a new road or highway is built to a high standard and meets the required standards set by the local highway authority. If you`re a property developer or landowner, it`s important to be aware of Section 38 Agreements and their requirements to avoid any issues in the future.