A Section 278 Agreement (under Section 278 of the Highways Act 1980) is a legally binding agreement between a developer and the local highway authority. It allows the developer to fund and carry out permanent alteration or improvement works to the existing public highway network associated with a new development.

You need a Section 278 Agreement whenever your planning permission requires alterations or improvements to the existing public highway. Common triggers include creating new access junctions, widening roads, installing traffic signals, building right-turn ghost islands, adding pedestrian crossings, or modifying kerb lines and footways.

Works covered include junction alterations (roundabouts, signalised junctions, priority junctions), right-turn ghost islands, carriageway widening, traffic signals, pedestrian and cycle crossings (zebra, toucan, pelican), footway construction and resurfacing, traffic calming measures, drainage alterations, and street lighting modifications on the adopted highway.

The process involves four key stages: 1) Initial consultation and feasibility review with the local highway authority; 2) Detailed highway design, swept path analysis, and technical submission; 3) Highway authority technical approval, legal drafting, and agreement of bond figures; 4) Execution of the legal agreement, payment of council fees, provision of the surety bond, and issue of permission to construct.

Typically, obtaining technical approval and completing a Section 278 Agreement takes between 3 to 6 months for straightforward schemes, and 6 to 12 months for complex junction or signalisation works. Engaging early and providing fully compliant technical submissions significantly reduces delays.

Costs include design and engineering fees, highway authority checking and inspection fees (usually a percentage of the estimated works value), legal fees, statutory undertaker/utility diversion costs, surety bond fees, the physical construction cost, traffic management, and any commuted maintenance sums required by the council.

Yes. Highway authorities require a financial surety (either an insurance bond or cash deposit) covering 100% to 120% of the estimated cost of the works, plus highway authority fees. This protects the council if the developer fails to complete the highway works or goes into liquidation.

No. You cannot commence works on the public highway until the Section 278 Agreement has been formally completed, all required approvals and permits are in place, the bond is secured, and road space/traffic management permits are granted. Starting unauthorized works on the public highway is illegal.

Depending on the highway authority's policy, works are either carried out directly by the developer using an approved highway contractor (with council inspection) or, in some authorities, commissioned by the council at the developer's expense. As an approved contractor, Section278Works.co.uk manages the entire construction process to highway standards.

Upon substantial completion, the highway authority inspects the site and issues a Certificate of Substantial Completion (Provisional Certificate). This triggers a 12-month maintenance/defects liability period (during which the bond is typically reduced to 10%–20%). The developer remains responsible for repairing any defects arising during this year.

Yes. After the 12-month maintenance period expires, a final joint inspection is carried out. Once any outstanding remedial defects are corrected and safety audits are completed, the highway authority issues the Final Certificate and the works form part of the publicly maintainable highway.

A Section 278 Agreement covers alterations to the existing adopted public highway. A Section 38 Agreement covers the construction of new internal estate roads (such as within a new housing development) that will subsequently be offered to the local highway authority for future public adoption and maintenance.

Yes, Section 278 works frequently include permanent new access roads connecting into the adopted highway, junction signalisation, MOVA/SCOOT traffic control systems, detector loops, pedestrian signal phases, and associated electrical ducting.

If works are delayed or fail to meet the council's specification, the highway authority has the legal power under the agreement to step in, use the surety bond or cash deposit to complete the works or rectify defects, and charge all associated administrative and legal costs to the developer.