Section 38 agreement

Highway adoption

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 a year after it is built, then the County Council will adopt the road.

Read more about new housing and highway adoption.

Making your Section 38 submission

Guidance notes for developers applying for Section 38 agreement explains the key elements required when making a Section 38 submission. It also contains a pro forma that must be completed as part of your submission.

An S38 submission checklist must be completed by developers to speed up the design check process.

For information about the Section 38 procedure and requirements, refer to the companion document to the Manual for Streets.

Advanced Payment Code (APC)

For information on the Advanced Payment Code (APC) process, see the APC guidance (effective from 2 April 2018).


For help on Section 38 agreements or the APC, email