Section 38 agreement

Highway adoption

Advanced Payment Code (APC)

The APC requires developers and/or landowners of new development streets to secure a bond with the street works authority (in this case HCC) to cover the cost of the proposed street works. Should the development streets not be completed to a satisfactory standard this bond protects HCC and the future residents of a development from the cost of having to complete or remedy these unsatisfactory street works. However, it is HCC’s position to actively encourage developers to put forward residential development estate roads for adoption, through the Section 38 process. Where a Section 38 Agreement is completed, an APC exemption will be granted

For information on the Advanced Payment Code (APC) process, see the APC guidance (Revised September 2020).

Section 38 Policy

Section 38 agreements are required if a new road is to be adopted by Hampshire County Council. The clauses of the agreement outline the standards the County Council requires the new road to be built to. If the road is constructed to these standards and maintained satisfactorily for the duration of the maintenance period after it is built, then the County Council will adopt the road.

Read more about new housing and highway adoption (information for residents)

Making your Section 38 submission

Section 38 - Guidance for Developers(Updated June 2021) provides developers and their consultants with all the information required to enable them to submit a complete Section 38 submission for design checking. Submission of complete packages enables the design check team to process design checks quickly. This document also details all the steps required to enable a start of works on site and the procedures for final maintenance and adoption of the completed works.

Developer Portal

All S38 Submissions are to be made through Hampshire County Council’s Developer Portal.

Developer Portal

Developer Portal User Guide details how to use the Developer Portal to make S38 & S278 applications to Hampshire County Council.

Submission checklist & other templates

The submission checklist details what a Developer/Consultant must submit to enable Hampshire County Council to undertake a S38 Design Check on the Developer's proposals. The Portal will guide the applicant through the submission, detailing what information is required. The checklist provides further guidance regarding the exact information and documents required.

S38 Submission Checklist