If you wish to request the Agreement under Section 38, please follow these steps: The Agreement also generally provides that all fees associated with the Agreement are payable by the Developer. This may include a fee for the preparation of the agreement, all inspection fees, ongoing maintenance, and all costs related to design review. The agreement may also require a loan from the developer to cover the road traffic authority against any possibility that the developer will not carry out the work or not carry out the work in accordance with the standard required for acceptance or not maintain it during the agreed initial maintenance period (often 1 year). The road authority can then use the depot to remedy any violation by the developer. Upon receipt, the Road Traffic Authority undertakes to carry out the maintenance and maintenance of the road in accordance with the agreement referred to in Article 38. That date shall be determined by the agreement. On this page you will find information about what the Article 38 agreement is and guides to help you with the application form. A section 38 agreement is a section of the Roads Act, 1980 that allows developers to enter into a legal agreement with the Local Roads Authority to adopt and maintain new road infrastructure at public expense. A section 38 (or S38) agreement is a section of the Highways Act 1980 that can be used when a developer proposes to build a new road for residential, industrial or multi-purpose traffic that can be offered to the Highway Authority for acceptance as a highway. Before entering into a section 38 agreement, the developer must have obtained a building permit, including approval of all reserved matters. The building permit usually includes an indicative design of the roads to be taken over. The Highway Authority (Council) does not have the authority to insist that a developer enter into an S38 agreement. However, many developers also consider it the best option, as the adoption process can be lengthy, and if it takes place after a route has ended, the developer is responsible for all maintenance until adoption takes place.
The procedure necessary to reach an agreement can be long and lengthy, and it is therefore desirable to speak to the motorway authority as soon as possible. Once a Section 38 agreement has been reached, the developer must operate under a set of terms, conditions, and schedules. It is supported by a deposit or cash deposit calculated by the Road Traffic Authority and based on the proposed work. This deposit or cash deposit can be called if the promoter is in liquidation or if he fails in his responsibilities. A developer may complete the construction of a road and then offer it to the Highway Authority under section 37 of the Highways Act 1980, but section 38 is more desirable because the board does not have the power to insist that a road meets an acceptable standard or is then proposed for acceptance. However, if an S38 agreement is reached before construction begins, the Council can ensure that it is built, lit and drained to the appropriate standards. If, as part of a development, it is proposed to construct a new property road for residential, industrial or other purposes, the normal legal means by which the road becomes a highway is an agreement under section 38 of the Roads Act, 1980. Further advice on the procedure for introducing motorways can also be obtained from the Ministry of Transport. A fee will be charged as part of the agreement, which will cover the cost of; Design review, agreement preparation, construction inspection and ongoing maintenance of items that are not essential for highway purposes (converted amounts).
It may also be necessary for a loan from the developer to be in place to cover the road traffic authority against the possibility that the developer will not complete the work properly, for example if .B it becomes insolvent. An agreement under section 38 may contain provisions relating to some or all of the following: If a section 38 is to be completed and the road is built to acceptable standards, this may differ from roads that must remain under the control or ownership of the developer. Less stringent specifications are therefore necessary if one does not want to adopt roads. Many new country roads are not being built to acceptable standards. Each local authority is different from what it will and will not allow. An article 38 is often agreed with an adoption of article 278 means that the road authority agrees to carry out the maintenance of the road from an agreed date at the expense of the State. The agreement between the Road Traffic Authority and the developer is called the agreement under Section 38. NB: Section 37 of the Highways Act 1980 allows developers to offer finished roads to the Highway Authority for acceptance. This is generally considered to be a less desirable means than an agreement under Article 38. Once the construction of the property`s new road is completed and has satisfactorily reached its preliminary maintenance period (usually one year after it opens for public use), it will be accepted as a public road by the local road authority. “Adoption” means that the local road authority assumes all future responsibilities for road works and becomes part of the public road with all derived rights.
§ 38 Agreements are negotiated between the engineer of the local road traffic authority and the road engineer of the developer, and plans are submitted showing all components and specifications. These plans and details will be of the same nature as those required for highway improvements under a section 278 agreement. Similarly, a commitment between the developer and the local road authority is necessary to ensure that the proposed works can be satisfactorily completed in the event of a breakdown or unforeseen event. When introducing public roads, the Road Traffic Authority undertakes to carry out the maintenance of a road from an agreed date at the expense of the State. The road authority will require that these roads be built to a required standard, this standard depends on the local authority, as each local authority is different. The motorway authority is either the Minister of Transport or the local road traffic authority. . Section 38 of the Highways Act 1980 provides that once a building permit for a new development has been granted, developers may apply to the Highway Authority to “take over” new roads built as part of the development, as well as associated infrastructure such as drains, lighting and support structures. There will usually be a 12-month maintenance period between the completion of the work and the receipt of the roads. If development is staggered, the introduction usually takes place after the completion of the last phase. Indeed, roads can continue to be used as a means of access for traffic on construction sites. The works must be built according to a design and standard agreed by the Road Traffic Authority.
The promoter is responsible for the execution of the work at his own expense and maintenance costs until receipt. We have also created a diagram of the development management process that shows the phases from pre-application discussions with the local planning authority to the start of work on the site. This diagram can be useful for understanding the process from start to finish: public rights-of-way can potentially be diverted or closed in favor of an alternative route, and if, for example, public roads are superfluous, they can be formally closed (stopped). .