Section 38 agreement

Steps to complete before applying

Please ensure:

You have read the Section 38 agreement guidance notes for developers.

Section 38 agreement notes for guidance (PDF 1.2MB)

You have obtained detailed planning permission for the site.
Any plans are submitted to highwayadoptions@kierwsp.co.uk and need to be those approved by the planning authority.
You are able to provide payment of the audit fee by credit card (if you are not able to do so, you will be invoiced).
You have provided an abortive costs letter.

Apply for a section 38 agreement

Complete a Section 38 agreement

Frequently asked questions

How long does a Section 38 Audit take?

Please allow a minimum period of three weeks for initial review and two weeks for subsequent iterations and submissions.

How much will the inspection fees be?

The inspection fees are calculated as a percentage of the bond value of the scheme at the technical approval stage.

What should I do if there is surface and foul water drainage?

Northamptonshire Highways will not be able to complete a Section 38 agreement until a Section 104 agreement has been completed with the Water Authority and a copy of this Section 104 agreement is received by NCC from the developer of the site. To do this, please email highwayadoptions@kierwsp.co.uk.

Do I need to provide street lights on the site?

Please refer to the Section 38 notes for guidance for the current policy on street lighting. Commuted sums for maintenance are required for street lighting installed on estates before adoption by the Highway Authority.