A developer may complete the construction of a road and then propose to the Highway Authority in accordance with Section 37 of the Highways Act 1980, but the S38 is more desirable because the Commission does not have the authority to insist that a road meet an authorized standard or that it is then proposed for adoption. However, if an S38 agreement is reached before construction begins, the City Council can ensure that it is built, lit and drained to the appropriate standards. Upon receipt of your application online and all information, your application will be assigned to our motorway contract managers, who will contact you and provide additional instructions specifying the payment necessary to cover the administrative and technical costs of design control. This must be paid before the start of the technical design test. Once this tax is paid, the technical design check begins. No site inspection is carried out to authorize the work of a developer on site, unless all contractual costs have been paid. A road safety audit must be conducted by the applicant and submitted to us as part of the design review. Before the work is adopted, we will conduct a road safety audit 3. An application for a Section 38 agreement can only be processed after the building permit has been granted for full or reserved matters. A pre-candidate skontot against the payment of our fees. When a proposed construction is proposed to build a new road for residential, industrial or multi-functional transportation, the normal legal possibility of making the road a public road is by an agreement under Section 38 of Highway 1980. A Section 38 (or S38) agreement is a section of the 1980 Highway that can be used when a developer proposes the construction of a new road for residential, industrial or general transportation, which can be proposed to the road authority for adoption as a public highway.

The assumption is that the highway authority agrees to maintain the road at a public expense from an agreed date. The agreement between the motorway authority and the promoter is called the agreement section 38. Once the contractual tax is paid in its entirety, the design review of the development details begins. Local inspections only begin when the contractual tax is paid in full. Before entering into an agreement, the developer must have obtained the building permit, including permission for all reserved questions.

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Last Modified: December 16, 2020