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
Futurebuild and UK Construction Week London Unite
Creating the UK’s Built Environment Super Event and over 25 other key partnerships.
Welsh and Scottish 2026 elections
Manifestos for the built environment for upcoming same May day elections.
Advancing BIM education with a competency framework
“We don’t need people who can just draw in 3D. We need people who can think in data.”
Guidance notes to prepare for April ERA changes
From the Electrical Contractors' Association Employee Relations team.
Significant changes to be seen from the new ERA in 2026 and 2027, starting on 6 April 2026.
First aid in the modern workplace with St John Ambulance.
Ireland's National Residential Retrofit Plan
Staged initiatives introduced step by step.
Solar panels, pitched roofs and risk of fire spread
60% increase in solar panel fires prompts tests and installation warnings.
Modernising heat networks with Heat interface unit
Why HIUs hold the key to efficiency upgrades.
Reflecting on the work of the CIOB Academy
Looking back on 2025 and where it's going next.
Procurement in construction: Knowledge hub
Brief, overview, key articles and over 1000 more covering procurement.
Sir John Betjeman’s love of Victorian church architecture.
Exchange for Change for UK deposit return scheme
The UK Deposit Management Organisation established to deliver Deposit Return Scheme unveils trading name.
A guide to integrating heat pumps
As the Future Homes Standard approaches Future Homes Hub publishes hints and tips for Architects and Architectural Technologists.
BSR as a standalone body; statements, key roles, context
Statements from key figures in key and changing roles.
Resident engagement as the key to successful retrofits
Retrofit is about people, not just buildings, from early starts to beyond handover.