Section 184 agreement - vehicle crossings over footways and verges
Section 184 of the Highways Act 1980 provides that a developer will need to enter an agreement for the construction of, or alterations to, any site access or accesses. It relates specifically to accesses where the work being done is all that is required to enable the development, or if the work needs to be done before the main works can proceed under a Section 38 agreement (adoption of highways) or a section 278 Agreement (allowing a developer to carry out works to a public highway).
The Local Highway Authority reviews and approves the agreements, and appropriate fees will be payable to them. A commuted sum may also be required for the Highway Authority to be able to maintain the works once they have been completed, usually for a fixed period between 10 and 25 years.
An agreement is necessary when a developer plans to construct or alter any site access or accesses to a public highway that is of a higher specification than something simple such as a dropped footway or verge crossing.
The scope of a Section 184 Agreement can be extended, in some instances, to cover additional minor works, such as relaying a short length of kerbing on either side of a new access, provision of street lighting for an access, or the re-positioning of a gully.
Section 38 agreement - adoption of highways, clauses can be incorporated into a Section 184 agreement where it is desirable that the highway contain both the land that is being dedicated as public highway by the developer as well as the access works, such as providing visibility splays.
As Section 184 does not provide for the formal entering into of agreements between a developer and Highway Authority, an Agreement should have regard to the following subsections:
- Subsection 3: The owner or occupier of land can be served notice by the Authority for the execution of the works.
- Subsection 7: The Authority can recover from the owner/occupier all expenses that are reasonably incurred from the works.
- Subsection 9: Any person named in a notice may offer to execute the works themselves in accordance with approved plans.
- Subsection 10: If subsection 9 is followed but the developer fails to comply with their offer, then the Authority can execute the works and recover expenses.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).
Ebenezer Howard: inventor of the garden city. Book review.
The Grenfell Tower fire, eight years on
A time to pause and reflect as Dubai tower block fire reported just before anniversary.
Airtightness Topic Guide BSRIA TG 27/2025
Explaining the basics of airtightness, what it is, why it's important, when it's required and how it's carried out.
Construction contract awards hit lowest point of 2025
Plummeting for second consecutive month, intensifying concerns for housing and infrastructure goals.
Understanding Mental Health in the Built Environment 2025
Examining the state of mental health in construction, shedding light on levels of stress, anxiety and depression.