Section 38/109 Drawings

CD Surveys Ltd will undertake “As Built” Surveys to confirm the positions and levels of boundaries; roads, footpaths, cross-overs, light columns, name plates, pedestrian refuge etc. Once the Survey is drawn in CAD and compared to the design it can then be coloured and offered for adoption and the release of the bonds and insurance which were used for the maintenance of the scheme. Should you require help with any of the above please contact our head office.

Section 38 relates specifically to the creation of new highways upon land in the ownership of anyone other than the highway authority. It is an agreement between the land owner and the authority for the construction of new highway and the ultimate adoption by the authority as a public highway.

The agreement secures a bond for the cost of the works, to enable completion of the works by the authority upon default by the developer, usually for reasons of insolvency but occasionally in instances where the developer has failed to complete the works within a specified or ‘reasonable’ period of time. The agreement also identifies fees payable for supervision by the adopting authority. Any developer or his consultants must enter into a process of submitting detailed design proposals to the authority for approval prior to construction works and sometimes the agreement will not be entered into until the highway authority has been satisfied that all of its criteria can be met.

All highways must be drained to the satisfaction of the authority. Where the highway drains via new sewers, to be adopted as public sewers, the S.38 agreement will not usually be entered into until the authority is satisfied that the developer is entering to a sewer adoption agreement. Upon completion of the works the developer must seek the agreement of the authority to place the new highway ‘on maintenance’. This is a period of 12 months at the end of which any defects are to be remedied prior to formal ‘hand-over’ to the authority as a public highway.