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Adoption of Streets on Residential and Industrial Estates

What is an Adopted Road?

An adopted road or highway is one where the Local Authority has taken on the legal responsibility for it's maintenance up to a particular standard.

What is an Unadopted Road?

An unadopted road is a private street is a road which is not maintained at public expense. The public may have a right to use the unadopted road but it is maintained by the local residents rather than the Highway Department.

This means that the council, as a highway authority, is under no obligation to carry out repairs or cleansing to the street, even though it could be a public right of way to which highway and traffic law can be applied.

Streets that are unadopted may be in a condition not meeting the standard of adopted streets, i.e. these may be unmade (no bituminous surface) or setts (cobbles).

How do I know if my road is adopted?

There is a record of all the Borough's adopted roads, for public viewing at the address at the bottom of this page.

if you are moving house your solicitor will raise this issue with the Council as part of the conveyancing process

Evidence of the existence or extent of a public highway can also be researched by officers by contacting as per the details below.

List of Adopted streets

It is possible to download and view the latest list of adopted streets

Adoption of Private Streets

  • Existing Private Streets
    The Council have powers under the Private Street Works Code referred to in Section 205 of the Highways Act 1980, to carry out work in a Private Street to bring it up to an adoptable standard and recover such cost from the frontagers of the street. The Council does not have any such schemes in their programme of works nor are any streets under consideration at the present time.

  • Existing Private Streets That Have Been Brought up to Adoption Standard
    The Council may be prepared to adopt a private street that is brought up to standard by a developer or the residents using the powers contained in Section 228 of The Highways Act 1980. Before undertaking any working in such a street, an approach should be made to ascertain the feasibility of the work, and any site-specific requirements. Payment of the Councils inspection costs and administrative fees will need to be made if the adoption of the street is proceeded with.

  • Minor Widening of Existing Streets
    This usually applies when a new development takes place fronting an existing street, and there is a Planning requirement for a footway to be constructed on land within the curtilage of the plot adjacent to the boundary of he Highway.

    Section 72 of the Highways Act 1980 allows the Council to enter into an Agreement with the developer to Dedicate the Land to the Public Highway for the future maintenance to be carried out at Public Expense. The Developer should retain title to the land to be dedicated and not convey it to the frontager.

    A fee is payable to cover the Council’s costs in drawing up the Agreement and supervision charges. These are assessed on the size and complexity of the scheme.

Vehicle crossings on Private Streets

The responsibility for private streets (including footways and pavements) lies with the street owners. These are usually the people who live on the street.

Where can I find more information about road adoption?

Please contact us using the details at the bottom of this page.

Section 38 Agreements

The Council have powers to enter into a Legal Agreement with a Developer under Section 38 of the Highways Act 1980 for the adoption of highways on new developments. The Developer having obtained Planning Consent, needs to submit the scheme for Technical Approval, submit the plans to be bound into the Legal Agreement, secure the completion of the work by a Bond of Surety, then pay a Supervision Fee based upon the estimated cost of the scheme together with the Council’s Legal Fee.

A copy of the current Adoption Policy Document covering general requirements, procedures relating to the adoption and construction specifications is available free of charge upon request either by using the contact information below.

Section 38 Agreements are based upon the Model Agreement Roads for Adoption (second edition) published by the Local Government Management Board.

Additional Clauses have been added as follows:

  1. Provisions relating to access being made available for cable television ducts to be laid during construction of estate roads if required by Cable Company.

  2. The Agreement is noted against the Developer's title at Land Registry.

  3. The period of construction will relate to the date that construction starts on site and not when the Section 38 Agreement is signed.

  4. Where the Developer fails to complete the whole of the works by the date written into the Section 38

Agreement, the Developer will be responsible for any additional supervision costs incurred by the Council where these exceed the fee already paid.

Fee Information

Useful Links

Contact Details

  • Name Traffic & Transportation, Economic Regeneration and Transportation
  • Address Directorate of the Urban Environment, 4 Ednam Road, Dudley, West Midlands DY1 1HL
  • Telephone 01384 815424
  • Opening Hours Monday to Friday, 8.45 am to 5.00 pm, Please note that the offices are closed at weekends and Bank Holidays

For more details please use our General Contact Form below: