How to Obtain a Section 38 Agreement

If you`re a property developer looking to build or modify a site, you may need to obtain a section 38 agreement. A section 38 agreement, also known as a highway agreement, is an agreement between a developer and a local highway authority. This agreement outlines the developer`s responsibilities for the construction of roads leading to their development.

Obtaining a section 38 agreement can be a complicated and time-consuming process, but it`s an essential step in ensuring that your development project complies with local regulations. Here are some steps to follow when seeking a section 38 agreement:

1. Contact the local highway authority

Begin by contacting the local highway authority for the area where your development is located. This is typically the county or city council. They will be able to provide you with information on the requirements and specifications for a section 38 agreement in their area.

2. Submit an application

Once you have gathered the necessary information, you can begin the application process. Most local highway authorities will have an application form for section 38 agreements available on their website. Be sure to carefully follow all the instructions and provide all the required documentation, including plans and specifications for the roads you intend to build.

3. Obtain an estimate

The highway authority will review your application and provide you with an estimate for the cost of constructing the roads in accordance with their specifications. The estimate will include the costs of materials, labor, and any other fees associated with the project.

4. Negotiate terms

Once you receive the estimate, you can negotiate the terms of the agreement with the highway authority. This may involve adjusting the design of the roads or agreeing to certain conditions such as traffic management plans or maintenance responsibilities.

5. Sign the agreement

After you have agreed on the terms, the section 38 agreement will be drafted and submitted for signature. The agreement will outline your responsibilities as a developer, including the timing of construction, quality standards, and financial obligations.

6. Construction

Once the section 38 agreement is signed, construction can begin. You will be responsible for overseeing the work and ensuring that it meets the specifications outlined in the agreement. The highway authority will also inspect the work periodically to ensure it is being built to standard.

Obtaining a section 38 agreement can be a lengthy process, but it`s a necessary step if you plan on developing property that requires new or improved roads. By following these steps and working closely with the local highway authority, you can ensure that your project meets all the necessary regulations and standards.