What is a Section 38 Agreement?

These are Highways Bonds as required by local authorities. Including the Scottish Irish equivalents. A Section 38 is an agreement to ensure the completion and adoption of a new road on a new development. This agreement is voluntary and between a developer and the Council. This agreement contains a bond, which is sufficient to ensure the Council can construct the road if the developer does not.

How do Section 38 Agreements work?

The developers’ proposals are agreed and technical drawings are approved. The Council produces a draft Agreement for the developer to include the developers’ proposals. The developer and their surety for the bond sign the Agreement. The Agreement is then completed by the Council.

What is a Section 104 Agreement?

These are sewers bonds as required by local authorities, including the Scottish Irish equivalents . Other highways bonds can also be facilitated. A statutory agreement for adoption, or Section 104 agreement (so called because it is made under section 104 of the Water Industry Act 1991), is an agreement between the owners of a private sewer (usually a developer) and the water authority whereby, subject to the owner constructing the sewer to an agreed standard and maintaining it for an agreed period the water authority will adopt it and it will thereafter become a public sewer.

Other highways bonds not mentioned above can also be facilitated.