Adopted highway
An adopted highway is a highway that was privately-owned road, but has becomes a public road, managed and maintained by the highway authority (typically the local authority). They can also be referred to as a 'maintained highway'.
Section 38 of the Highways Act 1980 provides that when planning consent has been granted for a new development, developers may ask the highway authority to ‘adopt’ new roads that have been constructed as part of the development, along with associated infrastructure such as drains, lighting and supporting structures.
The conditions of a highway being adopted include:
- There being a direct link with the existing public highway network.
- It being of sufficient use for the public (i.e. having a wider use than just access to residential or commercial properties)
- It being open to the public at all times, and so on.
- It being constructed to a suitable standard.
There will be a fee associated with adoption, covering the cost of; checking designs, preparing the agreement, inspecting the works, and ongoing maintenance of items not essential for highway purposes (commuted sums). There may also be a requirement for a bond from the developer to cover the highway authority against the possibility that the developer fails to properly complete the works, for example if they become insolvent.
For more information see: Section 38 agreement.
NB The term adoption may also be used in relation to pipework adopted by a water company or sewerage company.
[edit] Related articles on Designing Buildings
Featured articles and news
Tackle the decline in Welsh electrical apprenticeships
ECA calls on political parties 100 days to the Senedd elections.
Resident engagement as the key to successful retrofits
Retrofit is about people, not just buildings, from early starts to beyond handover.
What they are, how they work and why they are popular in many countries.
Plastic, recycling and its symbol
Student competition winning, M.C.Esher inspired Möbius strip design symbolising continuity within a finite entity.
Do you take the lead in a circular construction economy?
Help us develop and expand this wiki as a resource for academia and industry alike.
Warm Homes Plan Workforce Taskforce
Risks of undermining UK’s energy transition due to lack of electrotechnical industry representation, says ECA.
Cost Optimal Domestic Electrification CODE
Modelling retrofits only on costs that directly impact the consumer: upfront cost of equipment, energy costs and maintenance costs.
The Warm Homes Plan details released
What's new and what is not, with industry reactions.
Could AI and VR cause an increase the value of heritage?
The Orange book: 2026 Amendment 4 to BS 7671:2018
ECA welcomes IET and BSI content sign off.
How neural technologies could transform the design future
Enhancing legacy parametric engines, offering novel ways to explore solutions and generate geometry.
Key AI related terms to be aware of
With explanations from the UK government and other bodies.
From QS to further education teacher
Applying real world skills with the next generation.
A guide on how children can use LEGO to mirror real engineering processes.
Data infrastructure for next-generation materials science
Research Data Express to automate data processing and create AI-ready datasets for materials research.
Wired for the Future with ECA; powering skills and progress
ECA South Wales Business Day 2025, a day to remember.
AI for the conservation professional
A level of sophistication previously reserved for science fiction.