Ashfield District Council: Adopted roads and highways

Adopted roads and highways

Road adoption is a term used to describe the council taking ownership of a 'private street'.

A 'private street' is not maintained by the council, the council have no obligation to carry out repairs or clean the street.

New roads that have been constructed in accordance with the Council's guidelines are normally adopted by way of an agreement between the developer and the Council under section 38 of the Highways Act 1980.

Existing un-adopted roads will not normally be adopted by the authority unless they are brought up to current standards by the owners or the house frontages facing the the road. The un-adopted road may for example be unpaved, without kerbs, footways, surface water sewers, gullies and lighting or any of these features, and its surface is probably in a bad condition.

Under the provisions of Sections 205 to 218 of the Highways Act 1980, the Council, may resolve to raising the standard of a private street by providing any or all of the missing features or by improving the standard of any existing features. This procedure enables the Council on completion of necessary remedial works to adopt the street as a highway maintainable at public expense.

The cost of this work, to bring the private street up to adoptable standards is borne by the frontages to the street. The cost is apportioned to each owner of property facing the street, based on its boundary measurement.

Further Information

Please contact us if you require further advice or information.