A Section 278 Agreement is a legal agreement under the Highways Act 1980 that allows developers to carry out works on public highways. These works are often a condition of planning permission and must be approved by the local highway authority.

You’ll need a Section 278 Agreement if your development requires changes or improvements to the existing public highway—such as new access roads, junction alterations, crossings, or road widening.

Typical works include:

- New vehicle or pedestrian access points

- Road widening or narrowing

- Traffic signal installations

- Roundabouts, junctions, and turning lanes

- Footpaths, cycleways, and pedestrian crossings

- Street lighting and drainage improvements

The process typically includes:

1. Initial design and submission to the local authority

2. Technical approval of drawings

3. Agreement of legal terms and construction bond

4. Signing of the formal Section 278 Agreement

5. Commencement of works under supervision of the local authority

Timelines vary by local authority, but it typically takes 8–16 weeks from submission of drawings to final agreement. Delays can occur if designs need amending or legal negotiations take longer.

Costs can include:

- Design and consultancy fees

- Local authority fees (technical review and legal costs)

- Construction costs

- Inspection and supervision charges

- Construction bond or security deposit

We provide transparent quotes and a full breakdown of all expected costs.

Yes. Most local authorities require a performance bond or cash deposit (typically 100–120% of the works value) to ensure the highway works will be completed to standard. This is usually returned or released once the works are signed off.

No. You must not commence any works on the public highway until the Section 278 Agreement is signed and in place. Starting early may result in legal penalties and complications with planning compliance.

The developer is responsible for appointing a qualified contractor to carry out the works, subject to approval by the highway authority. We can help manage or recommend approved contractors with relevant experience.

Once completed, the highway authority will inspect the works and issue a certificate of completion if they meet required standards. A maintenance period (often 12 months) may follow before final adoption.

Yes—if the works are completed to the council’s satisfaction and maintained during the required period, the affected highway area will typically be adopted into the public highway network.

- Section 278 covers improvements to existing public highways (e.g., adding an access road to an existing road).

- Section 38 applies to new roads within a development that a developer wants the council to adopt in future.

Many developments involve both agreements.

Yes. Section 278 works can include a wide range of improvements—such as signalised junctions, mini roundabouts, right-turn lanes, footpaths, bus stops, and more. These are subject to highway authority approval and safety audits.

If works are not completed to the required standard or within agreed timelines, the council can use the performance bond to appoint another contractor and complete the works. This is why it's critical to use experienced contractors and comply with inspection schedules.