Section 38 agreement

Steps to complete before applying

Please ensure:

  1. You have read the Section 38 agreement guidance notes for developers.
  2. You have obtained detailed planning permission for the site.
  3. Any plans are submitted to and need to be those approved by the planning authority.
  4. 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).
  5. You have provided an abortive costs letter.

Apply for a section 38 agreement

Complete a Section 38 agreement

Frequently asked questions

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

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

​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

​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.

​Please visit the Section 38 agreement copies page to find out how you can obtain copies.