Requirements for issuing a provisional certificate
A provisional certificate of completion will be issued once:
- The highway works are completed to the council’s satisfaction
- All street lighting is completed to the council’s satisfaction
- Digital as-built drawings have been submitted in accordance with the council’s asset data specification
- A construction compliance certification is provided as required under CG300, DMRB
- any new green infrastructure that is to be adopted has been appropriately planted and successfully established
- The Value of Trees (VoT) toolkit is currently being trialled; a 10% discount from the full commuted sum is being offered to developers that employ the toolkit during scheme development. Please speak to the council’s Forestry team for further information. The discount is granted following satisfactory inspection to confirm works are completed in accordance with the agreed VoT specification and guidance and issuing of the provisional certificate
- the works (including any existing and new green infrastructure) have been jointly inspected and no significant defects have been identified
- Where issues are identified they are promptly remedied; and
- where required, a stage 3 road safety audit has been carried out and all required changes have been completed to the council’s satisfaction;
- All outstanding operational and/or safety issues have been resolved.
Bond reduction
When a provisional certificate is issued, the amount of bond can be reduced to 20% of the original amount or £10,000 (whichever is the greater). The exception to this is where the developer is paying a commuted sum in which case the bond will be reduced to 20%of the original amount or £10,000 (whichever is the greater), plus the total value of the commuted sum.
The developer’s maintenance period
The developer will then be responsible for maintaining the works for a minimum period of 24 months. This allows any defects in the works to become apparent after they are brought into use.
Minor changes to technically approved plans
Where minor changes to the technically approved plan(s) that form part of the completed s.38 agreement have been proposed by the Developer, these must be approved in writing (email acceptable) by the Relevant Officer within a reasonable time; the approved replacement plan(s) showing any/all minor variations to areas originally proposed for dedication as public highway, will be inserted within the completed section 38 deed packet.
The council defines a minor change to s.38 plans as an inconsequential variation to the extents of features already included in the original plans. Where new features have been included, or where features have been entirely removed from plans, then a supplemental agreement may be required. The council retains the right to request a supplemental agreement on a case-by-case basis.
Requirements for issuing a final certificate
A final certificate of completion will be issued when the following actions have taken place.
- At the end of the maintenance period a further inspection of the works is carried out to ensure works have been completed and maintained. A list of any outstanding remedial works must be submitted, which must be completed to the council’s satisfaction
- Any outstanding fees / payments must be made.
- A copy of the provisional certificate of adoption for the drainage and sewers is provided, as issued by the relevant water company
- All commuted sums are paid
- Where the highway works are subject to an RSA, and where required be DMRB GG119, a stage 4 Audit (providing 12 months of validated post highway scheme-opening road traffic collision data) has been completed to the council’s satisfaction. (Please refer to the LHDG Road Safety Audit Policy)
- Provision of the health and safety file, in electronic format, in accordance with the current Construction (Design and Management) Regulations (CDM).
- Work must be carried out to LCC satisfaction, including submission of completed inspection checklist.
- All relevant points within the council's Standard Conditions must be followed.
After issue of final certificate, the council will:
- confirm that the remaining bond can be released
- adopt all areas dedicated within the Section 38 agreement as highway to be maintained at public expense.