Delivery of Development Highway Works including the adoption of new roads (S38 and S278)

Where new development requires the construction of works to the existing highway or where new residential roads are being built, we work with developers to ensure the works are built to a safe and suitable standard.

The construction of dropped kerbs by developers are managed by our Highway Service. Applications for all other development highway works are managed by Transport Development Planning (TDP).

Small scale highway works to be delivered by developers may be delivered by a Mini S278 Agreement under the provisions of the Highways Act 1980. For larger works, a full S278 Agreement will be required. New roads forming part of a development are constructed by developers under the provisions of S38 of the Highways Act 1980.

Works constructed under S38 and S278 (including mini S278) will require the payment of a commuted sum for the future maintenance and replacement cost of additional highway features.

Commuted Sums

Surrey County Council, as Highway Authority, is responsible for the adoption and maintenance of public highways. Only those that meet Surrey County Council's criteria will be eligible for adoption by the Highway Authority. Commuted sums are financial contributions made by third parties to Highway Authorities as compensation for taking on the future maintenance responsibility for newly created highways or highway improvements. The county council has compiled a list of assets deemed liable for a commuted sum to support future maintenance and replacement costs. The list is not exhaustive and additional items may be added to the list and it is incumbent upon the developer to discuss which assets require commuted sums based on a case by case process. Opportunity for discussions should be held at the outset of the scheme or development and this will ensure clarity between the two parties.

A copy of the current commuted sums schedule is available on request using the relevant email address below:

Further information is provided below:

Frequently asked questions about adoption of new housing development roads

Road Adoptions under S38 Highways Act 1980

Alterations to existing roads under S278 Highways Act 1980