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Section 38 Adoption Agreement

A Section 38 agreement requires the developer to complete certain work within the prescribed time frame. For example, the pavement must be complete to the depth of the surface material (the layer under the finished roadway), sidewalks must be completed and public lighting must be operational. Therefore, compliance with the agreement should ensure a safe and usable highway for residents before its formal adoption. Highway drainage should be installed within the highway or an existing public highway. When a new highway diversion is provided for by private land, relief is included in the agreement provided for in point 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. A contractual fee for administration, design technical review and site inspection fees is set at 8.5% of the loan amount and calculated for all section 38 agreements. When work began prior to technical approval and the conclusion of the on-site agreement in accordance with Section 38, the contract commission is increased to 11% of the loan amount. The procedure required to reach an agreement can take time and time, and it is therefore desirable to get in touch as soon as possible with the authority of the motorways. Large constructions, including a large road and pedestrian network, are often divided into phases, with a separate S38 agreement for each phase, sometimes with different developers. This scenario is the biggest challenge in defining road construction and completion rates, as developers are often under pressure to build and sell homes in normal order due to the demand for markers. Different developers build at different speeds and not all stretches of road inside a building can be completed one after the other.

For a section of road to be accepted, it must be connected to another section of the highway. This can sometimes lead to the completion of road sections to appropriate standards, but will only be accepted when the sections of road that connect them to the supposed highway are also completed to an acceptable standard. NB: Section 37 of the Highways Act 1980 allows developers to provide the highway authority with completed roads for adoption. This is generally considered a less desirable route than a Section 38 agreement. 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. Sometimes there may be delays in the completion of the road assuming that this could be the developer of the construction of the road before the entry into force of Section 38 of the agreement, trying to change the standard conditions of Section 38 of the county council agreement, the road is built slowly or is unfinished, the road is not built according to the standards of the county council , there may be problems with the adoption of pipes under the new road, the road may be ready, but there may be open construction defects that the developer must correct.