Council refusing to repair pothole as it says it is not responsible

sniper786

Hi all,

Sorry but i have an issue regarding a pothole, but it is not on a road. rather a pavement but couldn't figure out a better section to post under.

Hopefully someone can offer some advice - i reported a pothole on the pavement just outside my home and my local authority (Renfrewshire Council) have come back and said it is not their responsibility to fix it and it should be a private matter for the residents around the pothole to fix themselves. I am a little surprised at this as i though the council was responsible for roads and pavement repair, if my path or driveway had a pothole then of course i'd expect to fix it.

Are they correct?

Lum

If the road is an unadopted road then yes.

Hintza

The OP lives in Renfrewshire which has the worst roads around here. You know very quickly when you have entered the Renfrewshire maintained roads.

flyingscotno1

Hintza wrote: »

The OP lives in Renfrewshire which has the worst roads around here. You know very quickly when you have entered the Renfrewshire maintained roads.

If you think Renfrewshire's are the worst around you've not been around there much!

If there is anywhere worse than Glasgow I'd be amazed!

System

flyingscotno1 wrote: »

If you think Renfrewshire's are the worst around you've not been around there much!

If there is anywhere worse than Glasgow I'd be amazed!

try argyll and bute

sniper786

Lum wrote: »

If the road is an unadopted road then yes.

Please note the pothole is not on a road but rather a pavement. The road adjacent to the pavement is not unadopted, if that matters.

rs65

Are they saying that in general the council is not responsible for pavements or that they are not responsible for this particular pavement?

This is old but there was a spending per km for pavement maintenance.

http://www.renfrewshire.gov.uk/wps/wcm/connect/809de63c-ac32-4170-8ba9-4f7b0a2f490d/ce-HAWDSummer2005.pdf?MOD=AJPERES&CACHEID=809de63c-ac32-4170-8ba9-4f7b0a2f490d

sniper786

rs65 wrote: »

Are they saying that in general the council is not responsible for pavements or that they are not responsible for this particular pavement?

This is old but there was a spending per km for pavement maintenance.

http://www.renfrewshire.gov.uk/wps/wcm/connect/809de63c-ac32-4170-8ba9-4f7b0a2f490d/ce-HAWDSummer2005.pdf?MOD=AJPERES&CACHEID=809de63c-ac32-4170-8ba9-4f7b0a2f490d

They say they are not responsible for this pavement but it next to a busy road so not as if in a quiet area or rural area.

patman99

So, if someone trips-over in the pothole and injures themselves. Will the Council try denying responsibility if it gets to Court?.
If the Council don't own it, then the Crown must.

flyingscotno1

patman99 wrote: »

So, if someone trips-over in the pothole and injures themselves. Will the Council try denying responsibility if it gets to Court?.
If the Council don't own it, then the Crown must.

If the pavement is not adopted then the council have no legal obligation to maintain it and as such I'd imagine the council would deny responsibility.

Sniper786 has asked the council to fix a pothole, on the pavement but they say it's not an adopted footway and they have stated it is for residents to solve. Now this may correct but you've said it's almost outside your home so I'd be surprised if your solicitor didn't mention the non-adoption when you bought the property.

The options are to phone and discuss this with them. If they still deny it go into Paisley into Renfrewshire House and ask behind the desk for the public list of roads. You'll get a big folder and look up the street. That will give you the answer over who should be maintaining it.