My Account maintenance: 7pm Monday 26th - 6pm Tuesday 27th January

The My Account system and some online forms will be unavailable from 7pm January 26th to 6pm January 27th while we carry out some routine maintenance. We apologise for any inconvenience caused.

Affected services

Each highway adoption agreement is subject to a minimum fee

These fees are payable prior to any works being undertaken on design reviews and subject to all relevant information being provided along with a fully complete application form where applicable.

Any fees over and above the minimum fee are calculated and collected during the legal process.

Fees for April 2025 - March 2026

Minor Section 278 or Minor works

£3714 or 9% of bond value. Minimum bond to be paid in cash and value of minumum bond can be covered by a surety.

Section 38

Estimated cost of works

S38 fee

(% of estimated works cost at start of construction)

Legal fee

(per agreement)

Less than £41,265 (min bond) £3,714 (minimum fee) £775
Greater than £41,265

9% - Where the agreement is sealed before works to the adoptable road commence

12.5% - Where the agreement is sealed after works to the adoptable road have begun

15% - Where the agreement is sealed after the first dwelling has been occupied

£775

Additional fees and charges

Additional fees and charges may be applicable where there are:

  • Extensive additional checks are required for items such as Sustainable Urban Drainage Systems (SUDs) or complex drainage features, structures and bridges, extensive traffic management requirements, unusual geotechnical features, etc.
  • The signing of the legal agreement(s) was not completed within 12 months of the initial application and/or subsequent design review
  • The development/developer is in default of the terms of its legal agreement(s)
  • A significant design change has occurred after the signing of the legal agreement(s)

Requests for Section 38 copies

If you are buying or selling a house and the highway remains unadopted, the buyer’s solicitor will request a copy of the Section 38 agreement (if applicable). This is only available where the road has not been formally adopted by the Highways Authority.

Oldham Council charges a fee of £46 plus postage, to provide a copy of a Section 38 agreement (payment options will be given upon request).

To request a Section 38 copy contact the email link below and provide the following information:

  • section38@oldham.gov.uk
  • the full property address including the developer's plot number if known
  • your contact details

It can take up to seven working days for the copy agreements to be provided to you from receipt of payment.