During construction of Section 38 works

Image
photo of people on a construction site

Site inspection

Inspections will only be undertaken to check that works are being constructed in accordance with the approved drawings and requirements. The developer and their contractors are responsible for the day-to-day supervision of the highway works construction.

In accordance with the council's Standard Conditions, the developer or their contractor shall give at least 48 hours’ notice (two working days) of the various stages of construction.

Access to the works must be given to the council’s representative as required. Please contact the road adoptions team to discuss concerns regarding construction, however, satisfactory completion in accordance with the council requirements remains the responsibility of the developer.

Inspecting the construction of the highway works included in the Section 38 agreement will normally be carried out by the relevant Development Inspections staff. This information will be provided at the ‘pre-start’ meeting together with the Inspection Checklist. 

Timescale for completing the road works

Once work has begun on site, highway works adoption should take place within a ‘reasonable’ period to minimise any potential risks or inconvenience to residents.

A time limit is imposed on completing highway works. Normally, works must be completed, that is the council has issued a provisional certificate, either:

  • within one month of all buildings fronting or served by the works being completed; or
  • within three years of the date of signing of the Section 38 agreement

    Whichever is soonest.

Where highway works are not completed within the specified time limit, an extension of time may be agreed. However, additional fees will be charged towards the council’s additional administrative and inspection costs. The bond or surety monies lodged with the council may be called upon to complete the works.
 

Need further information?
Contact
Development Approvals