Birmingham City Council

Private Development Section

Under Construction

The Private Development Section undertakes the management of design approval, construction planning, site inspection, enforcement and adoption of highway works built by developers. The Council adopts roads and footways (in some cases emergency links, footpaths, verges, visibility splays) and infrastructure such as traffic signals, street lighting and highway drainage by different methods as stated in the Highways Act 1980 and thereby takes on the maintenance responsibility.

Adopted highways come into existence by means of a legal process and can only cease to be adopted highway by means of a legal process. Sometimes the adoption process can take a long time and while the road remains unadopted, it is in the ownership of the developer who is also responsible for the maintenance of the highway within the development.

New Highways

New highways are created on residential, commercial and industrial developments within the city. The majority of housing developers prefer to have the roads and footways serving their new housing developments adopted by the highway authority. The process of adoption is normally covered by the legal agreement between the developer and the Council, commonly known as a Section 38 Agreement, which binds the developer to construct the road and footways to required standards.

Highways Improvements and Alterations

Section 278 of the Highways Act provides for works funded by developers to be carried out on the existing public highway with our agreement. For example, this might include constructing a new roundabout to provide access to a development or improving an existing junction to accommodate extra traffic generated by the development.

Amongst other things, Section 278 and Section 38 of the Highways Act 1980 entitle us to seek expenses for maintenance and we intend to do this through commuted sums.

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