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Further information

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.

Agreement Type

Financial year 2023/24

S278 minor works (where the works will not have a significant impact on the highway) – typically up to a value of £10,000


Section 38


£3,267 or 9% of bond value whichever is greater

Standard S278

These are dealt with by Highway Design Services. Please see the S278 developer guidance (PDF, 328.05 KB) document for more information

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 £41 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:

  • 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.