Finding out whether a road is publicly maintained
A 'publicly maintained' road (sometimes referred to as an 'adopted road') is maintainable at public expense. This means that the local authority (here it would be Nottinghamshire County Council) is responsible for maintaining it. This would include things such as fixing street lights that are not working and repairing pot holes.
Not all roads and footpaths in Nottinghamshire are publicly maintained. Roads that aren't publicly maintained are the responsibility of the landowner. If residents are unsure which section they are responsible for they should refer to their deeds or contact the Land Registry: www.landreg.gov.uk to find out where their boundary is or seek legal advice.
When a developer builds a new road they enter into an agreement with the Council. This is part of Section 38 of the Highways Act 1980. The Section 38 agreement is legally binding and says that the developer will build the road to the standard required by the Council and if this is not achieved, then the road will not be publicly maintained. Once a new road has been built to the Council's standards under a Section 38 agreement it is normally publicly maintained.
Copies of Section 38 agreements can be obtained from:
Trevor Maxwell
Legal Services
Nottinghamshire County Council
County Hall
West Bridgford
Nottingham
NG2 7QP
For agreements in the City of Nottingham contact:
Nottingham City Council: www.nottinghamcity.gov.uk
