The majority of housing developers prefer to have the roads and footpaths serving their new housing developments adopted by the highways authority. The council is then responsible for maintaining the infrastructure in a clean and safe condition.

The process of adoption is usually covered by a legal agreement between the developer and the council, commonly known as a Section 38 agreement. This agreement binds the developer to construct the roads and footways to proper standards.

If you are unsure of the status of any road in Warwickshire please contact our Highway Searches Team.

If the result of your query is that the road is the subject of an Adoption Agreement you can get more information by contacting the Senior Highway Control Engineer (Section 38) on 01926 412622.

Requests for Section 38 copies

If you are selling your house and live on an unadopted road, the buyer’s solicitor will request a copy of the Section 38 agreement (if applicable).

If you need a copy of this there is a charge of £60 for this service (payment options will be given upon request).

To request a copy contact [email protected]

Requests will be processed in five working days.

Highway work agreements

You must submit:

  • highway works application form

  • planning consent

  • admin fees

The fees are:

  • S278 minor works – £1,500 (where the works will not have a significant impact on the highway)

  • S38 – £1,500

  • S184 – £1,500

  • Standard S278 – these are dealt with by Design Services. Please see the S278 developer guidance (PDF, 328.05 KB) document for more information

Cheques should be made payable to Warwickshire County Council.

To apply contact [email protected] for:

  • Highways works agreements form

  • S184 developer guidance

  • S38 developer guidance

  • Minor works developer guidance

For more information see highway construction details