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 2026 - March 2027
Minor Section 278 or Minor works
£4,085 or 10% 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 £40,850 (min bond) | £4,085 (minimum fee) | £775 |
| Greater than £40,850 |
10% - 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 £50.60 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.