Road adoption is a term used to describe an agreement between
the developer and the council to adopt or take ownership
of a private street.
New roads that have been constructed in accordance with the
council's guidelines are normally adopted by way of an agreement
between the developer and the council under Section 38 of the
Highways Act 1980.
Existing roads will not normally be adopted unless they are
brought up to current standards by the owners of the road. It may
for example be unpaved, without kerbs, footways, surface water
sewers, gullies and lighting or any of these features, and its
surface is probably in a bad condition.
Under the provisions of Sections 205 to 218 of the Highways Act
1980, the highway authority, that is the council, may resolve to
raising the standard of a private street by providing any or all of
the missing features or by improving the standard of any existing
features. This procedure enables the council on completion of
necessary remedial works to adopt the street as a highway
maintainable at public expense.