Before You Begin
It is an offence to carry out any works within the public highway in Birmingham without permission from the Highway Authority.
No construction work affecting the highway should commence until a Section 278 Agreement or other licence has been completed.
Where works are being carried out under a Section 278 agreement, you must not begin construction unless and until:
- We have given you technical approval;
- The Section 278 agreement has been completed and signed and an appropriate surety is set in place;
- You have provided us with written confirmation that you have notified the Health and Safety Executive that you are client for the works for the purposes of the Construction (Design and Management) Regulations;
- All necessary fees have been paid to us; and
- The following requirements have also been satisfactorily completed
- Notification of start: You must normally give us notice in writing of your intention to begin construction work or begin it again. Please see below regarding streetworks notices.
- Approving your contractor: Your highway works must be constructed by a contractor (including any sub-contractor) who has relevant experience and capabilities. You must not start construction of the highway works until we have approved your contractor. So, you must supply information about the contractor you want to use. Where you are unable to supply us with satisfactory details, or where we have previously experienced problems with a contractor (for example with quality of workmanship) we will not approve that contractor.
- The contractor’s insurance: You must indemnify us (protect us from legal responsibility) against any claims by third parties arising from the highway works. Before we will approve your contractor they must provide us with written evidence that they have, as a minimum, £5 million public liability insurance with no limit on the number of claims.
- Pre-start meeting: You must arrange a ‘pre-start’ meeting (see typical pre-start agenda).
Helpful advice for entering into S278 and/or S38 Agreements with Birmingham City Council:
- Before you begin
- Summary - traffic management application process/work types/coordination and noticing of works
- Work in progress - unforeseen issues, changes to proposals, information required from works promoter
- Temporary traffic management audit - general requirements/specific precautions
- General Requirements - Construction
- Development Permits and Section 50 Licences
- Access to Further information - traffic management and streetworks
- Useful contact Details - the council and other organisations
- Reporting a Fault and Online Forms
- Private Development Section Home Page
- Adoption of Highways
- Agreements under Section 278
- Bond (Surety)
- Contact Us
- Creation of New Public Highways (Section 38 Agreement)
- Development Permits
- Environmental Protection
- Highway Design and Technical Approval
- Highway Lighting
- Highway Safety
- Road Making (Costs)
- Safety Audits
- Site Inspection
- Technical Documents
- Traffic Regulation Orders
- Works Notices and Traffic Management during the Works