S.38 & S.104 Agreements - A Conveyancer’s Guide to Road Making & Drainage

Introduction

Whether you act for developers in setting up estates ready for plot sales or act for the buyers of those plots, it is timely to be familiar with section 38 of the Highways Act 1980 and section 104 of the Water Industry Act 1991. These and related provisions form the backbone of the adoption and maintenance of new road and drainage/water serving the development and taking over existing ones.

What does the developer need to do to ensure the drainage and estate roads are adopted and what does a buyer need to know before completing their purchase? How much of this falls within the responsibility of the conveyancer and what kind of disputes arise?

What You Will Learn

This webinar will cover the following:

• An overview of the statutory provisions
• Section 38 of the Highways Act 1980 in detail including a local authority set of explanatory notes with checklist
• Section 104 of the Water Industry Act 1991 in detail including a Water Company guide to taking over existing sewers
• Illustrative cases
• Can an already adopted road be ‘un-adopted’?
• What does the UK Finance Handbook say on the subject of adoption of roads and sewers?
• Insurance Indemnity policies where a road remains unadopted - how useful are they and examples of what are available
• Sustainable Drainage ‘SuDS’ - a look at the requirements and specifications and what the conveyancer needs to advise about flooding
• Private and unadopted roads - easements and covenants needed, enforceability of maintenance responsibilities of properties abutting

This pre-recorded webinar will be available to view from Wednesday 18th February 2026

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