A developer may complete the construction of a road and then propose to the Highway Authority in accordance with Section 37 of the Highways Act 1980, but the S38 is more desirable because the Commission does not have the authority to insist that a road meet an authorized standard or that it is then proposed for adoption. However, if an S38 agreement is reached before construction begins, the City Council can ensure that it is built, lit and drained to the appropriate standards. In practice, motorway authorities are reluctant to accept changes to their pro forma agreements, and legal negotiations to explicitly limit current liability can be highly controversial, especially when standard agreements leave such liability indefinite (and in fact unlimited). The Court of Appeal may have been a little too optimistic to think that the parties are “reasonably negotiating” as a general rule. There is a form of compensation insurance that can be taken out to cover a developer`s failure to make the roads. Each application is reviewed on its merits and there is no guarantee that can be obtained in all cases. We are committed to ensuring that all customers are fully informed of any future challenges that customers may face in terms of road responsibility. It doesn`t have to be just new building land, because highway problems can last for many years. When a proposed construction is proposed to build a new road for residential, industrial or multi-functional transportation, the normal legal possibility of making the road a public road is by an agreement under Section 38 of Highway 1980. The adoption of Section 38 allows the promoter to enter into a legal agreement with the road authority to ensure the final adoption of a new departmental road.
The agreement contains a framework of clauses, including the duration of road construction, responsibility for the maintenance and repair of the road prior to adoption, payment of Landratsamt fees and fees by the developer, all land transfer arrangements and what happens if something goes wrong. Sometimes there may be delays in the completion of the road assuming that this could be the developer of the construction of the road before the entry into force of Section 38 of the agreement, trying to change the standard conditions of Section 38 of the county council agreement, the road is built slowly or is unfinished, the road is not built according to the standards of the county council , there may be problems with the adoption of pipes under the new road, the road may be ready, but there may be open construction defects that the developer must correct. This can include things like faulty streetlights, potholes, overgrown edges, broken discharge blankets. The motorway agreements under Section 38 fall below the hierarchical order of development agreements. Section 106 Planning agreements are zealously negotiated to trigger the release of the building permit.