Non-adopted road/new build estate

BlueIsTheColour

Hi there,


Have searched the forums and read through a few useful threads but still feel quite confused about this.


We're looking at buying a new house, which will be on a non-adopted road when complete (I have no idea why it is non-adopted, have asked the solicitor to ask). It seems as though we will own the road directly in front of our house, (full width as houses are only on one side) and that we must allow anyone and everyone access over it.


Can anyone help with key questions I need to know the answers to before we proceed? This is really making us think twice and solicitor has even said she wouldn't buy it so feeling very nervous about proceeding but I know that the builder is going to be pushing us to exchange very soon, we are already a week over the date they wanted...


I am worried about future liabilities obviously; how does it work with drains; repairs; insurance against accidents? I have seen many posts about residents committee but this presumably relies on all the residents being willing, as we would be the first occupants on the road we would have no idea as to whether anyone else is interested in this?


I have read about somehow indemnifying against accidents at time of exchange through a solicitor sourced insurance policy but have no idea if this is the right thing to do or even possible in these circumstances?


Any help anyone could offer would be very gratefully received. We are nervous, but this house is our dream house and has everything we want in a brilliant location so we don't want to give it up without first researching everything...


Thanks in advance

Mickygg

My last house never had the council adopt due to complications. This as a result made things very difficult to sell as there were no funds for repair and it was a public access so any damage by joe public would have been down to the owners (me) or leave the damage and it looks awful. If you are concerned, future buyers will be as well.I am now living in a private road but it's run by a residents association. I would not consider buying a house with no residents association set up. In 10 years time you could have pot hole city. I cannot comment on insurance as I just don't know.

Doozergirl

Are you sure that it won't only be unadopted until the last person moves in and the road is finished off properly?

That's pretty usual in the case of new build estates. The council adopt it once everythin is finished - sewer connections, street lighting and the final tarmac layer etc

If it is genuinely private, they usually set up a management company to maintain it.

I don't think people plan unadopted roads.

foxypink

Hi,

Have you have spoken to the adoptions dept within your council to find out why it won't be adopted? normally any road with over 5 houses off the highway the LPA would insist that the highway is adopted under a Section 38 agreement? Unless you are on a 'shared drive'

If it is not a shared drive and the developer is building the highway to 'adoptable standards' then I can't see a reason why you and your neighbours can't approach the council to get the road adopted yourself under a Section 228 agreement.

If the road is to remain private then all drainage, maintenance, lighting costs will be down to the owners of that road. Another thing to note is if its a private road you mite have to take your refuse to the nearest adoptable highway for collection. I know a lot of councils are getting stricter with travelling over private roads....but I would have hoped this would have been thought of and provisions (communal bin storage areas/collection points) put in place at the planning stage?

Give your council a ring I'm sure they will be willing to help.

BlueIsTheColour

Thanks Micky, your comments echo my thoughts/concerns. There won't be anything set up as all new houses and we're first, unless there is a provision in the contract from the builder or a term saying we must, which I don't think there is from what the solicitor has been saying.

I'd be happy to set up an association but that obviously depends on the other 6 houses...

Future buyers may be less of a concern for us, as we don't intend to sell, although I recognise that we can never predict the future...

BlueIsTheColour

Doozergirl wrote: »

Are you sure that it won't only be unadopted until the last person moves in and the road is finished off properly?

That's pretty usual in the case of new build estates. The council adopt it once everythin is finished - sewer connections, street lighting and the final tarmac layer etc

If it is genuinely private, they usually set up a management company to maintain it.

I don't think people plan unadopted roads.

All the plans show it as private, there are adoptable roads on the development this isn't one of them unfortunately...

I have asked the solicitor to clarify, but on first inspection, no plans to adopt, nor any plans to set up a management company.

BlueIsTheColour

foxypink wrote: »

Hi,

Have you have spoken to the adoptions dept within your council to find out why it won't be adopted? normally any road with over 5 houses off the highway the LPA would insist that the highway is adopted under a Section 38 agreement? Unless you are on a 'shared drive'

If it is not a shared drive and the developer is building the highway to 'adoptable standards' then I can't see a reason why you and your neighbours can't approach the council to get the road adopted yourself under a Section 228 agreement.

If the road is to remain private then all drainage, maintenance, lighting costs will be down to the owners of that road. Another thing to note is if its a private road you mite have to take your refuse to the nearest adoptable highway for collection. I know a lot of councils are getting stricter with travelling over private roads....but I would have hoped this would have been thought of and provisions (communal bin storage areas/collection points) put in place at the planning stage?

Give your council a ring I'm sure they will be willing to help.

There are 7 houses due to be built, so I think I will see if I can locate anything online about a s38 in amongst the planning docs online, although there are so many online, it'll be a nightmare. Hopefully the solicitor is asking these questions.

Will research a s228 request and see if that will be possible, well ask the solicitor to haha!

You're right about the bins, the bin truck won't be coming down the road, it's too thin, (the road, not the truck ) so am presuming we will need to transport our bin to the area where the bin truck turns around, avoiding our road, which luckily for us isn't far, as we are on the end of the road.

I might try the council myself, rather than wait for the solicitor and see what they say.

Thanks for your help

bunnybunnyrabbit

So who will own the road? I suspect the developers will appoint a managing agent in which case you may have to pay a service/management charge which might include some sort of sinking fund for future repairs. Ask the solicitor what it says in the deeds about repair responsibilities and who will retain ownership of the road. Don't give up just yet!

patman99

If the developers create a management company to look after the road, there is nothing stopping you and your fellow residents from self-managing. Once the self-managing scheme is set up, there is nothing stopping you all dissolving the managing company and handing the road to the Crown. Thus making the Council responsible for all the repairs.

That is what happened in a village near me when the residents discovered that the pot-holed roadway outside their homes was owned by them. They only discovered this when they complained to the Council about the pot holes.
Strangely, 2 weeks after they handed the road to the Crown, the Council rebuilt the whole road from the ground up.

bigadaj

patman99 wrote: »

If the developers create a management company to look after the road, there is nothing stopping you and your fellow residents from self-managing. Once the self-managing scheme is set up, there is nothing stopping you all dissolving the managing company and handing the road to the Crown. Thus making the Council responsible for all the repairs.

That is what happened in a village near me when the residents discovered that the pot-holed roadway outside their homes was owned by them. They only discovered this when they complained to the Council about the pot holes.
Strangely, 2 weeks after they handed the road to the Crown, the Council rebuilt the whole road from the ground up.

Councils will normally only adopt a road when it has been constructed to highways standard and is in a. Good state of repair.

BlueIsTheColour

Thanks everyone.

I have asked my solicitor to clarify whether the road will be of an adoptable standard once build is complete, which at least gives us a chance of it being adopted...

As for who will own the road, there are only houses on one side, the other is a field, so all houses will own the whole road directly in front of their house, but all must grant everyone permission to cross it etc etc. There is currently no plan for the developer to set up a management company hence me asking my solicitor so many questions...

I have found a few documents online with the planning permission which should hopefully help her get some answers. We were supposed to have exchanged nearly 2 weeks ago and I suspect they will start getting awkward soon, and push us to exchange or they will put it back on the open market...

*stressed*

Thanks again