Section 38 agreements

When a developer builds a new road in Nottinghamshire they enter into an agreement with us. This is part of Section 38 of the Highways Act 1980.

The Section 38 agreement is legally binding. It states that:

  • the developer will build the road to the standard required by us
  • if this is not achieved, then the road will not be publicly maintained.

Once a new road has been built to our standards under a Section 38 agreement it is normally publicly maintained.

Copies of Section 38 agreements can be obtained from the relevant district or borough council Land Charges department.

For agreements in the Nottingham City contact Nottingham City Council.

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