Adopted roads and highways
An adopted road is maintained at public expense, usually by the Highway Authority. In Luton the "Council" is the Highway Authority and accept the maintenance liability of these roads carrying out repairs to the surface, repairing street lighting, sweeping, cleaning and grass cutting of verges.
Adoption of newly constructed roads
When new housing developments are constructed the roads which serve the properties are on occasion offered for adoption. This is carried out when the Developer and the Council enter into an agreement using the terms and conditions of Section 38 of the Highways Act 1980. When the road is completed to our required specification and passes a twelve month maintenance period during which the developer rectifies any faults which occur during this guarantee period. Once the guarantee period has passed successfully, the adoption process can formally be completed, as we can be assured that the road is of suitable standard to be maintainable at public expense.
A private road is not an adopted road. The maintenance of the road is the responsibility of the owners or residents who each own the part of the road in front of their house. This means that the "Council" as the Highway Authority is under no obligation to carry out repairs or clean these roads, even though it could be a public right of way to which highway and traffic law can be applied.
Adoption of private roads
If all the owners of the road are in agreement and are able to ensure that the condition of the road is of adoptable standard, including surfacing, drainage and street lighting it could then be adopted at our discretion. Any works required to bring the road to an adoptable standard would have to be completed at the expense of the owners or residents.
Luton Council, Building 14 Central Depot, Kingsway, Luton, Bedfordshire, LU4 8AU
Tel: 01582 547259