Highway agreement compliance

Requesting confirmation of compliance of an existing highway agreement

Developers and landowners enter into highway agreements regarding highway works associated with new developments.

Highway agreements are registered with the relevant district, borough, city council or Land Registry and where applicable, are revealed as part of Land Charge searches.

Types of highway agreements
  • Section 38 - Power of highway authorities to adopt by agreement - Highways Act 1980
  • Section 106 - Planning obligations - Town and County Planning Act 1990
  • Section 278 - Agreements as to execution of works - Highways Act 1980
  • Section 33 - Enforceability by local authorities of certain covenants relating to land - Miscellaneous Provisions Act 1982
  • Other - May include, dedications, conveyances and easements
What we can provide

For agreements where Hampshire County Council is a signatory and where the obligations are within its area of responsibility, confirmation whether the obligations within the agreement (s) have been complied with will be provided by email.

What we are unable to provide

It is not possible to provide confirmation of compliance for agreements for which Hampshire County Council is not a signatory, such as planning documents and other 3rd party agreements.

As obligations are the responsibility of the developer, Hampshire County Council is unable to comment on the timescale for compliance. Please contact the developer for information on their anticipated timescales.


The target response time is 15 working days. If it is necessary to seek clarification regarding details of the highway agreement(s) from the applicant, it may take longer to comment on compliance.


Currently there is no charge for this service.

Before you apply

Have the following information relating to the agreement you are requesting available when you complete the application form:

  • Title of the agreement (site name e.g. land south of London Road)
  • Type of agreement (e.g. Section 38, Section 106, Section 278, etc)
  • Date of the agreement
  • Name of the developer
  • Names of involved parties

If the agreement has been revealed through a Land Charge search, this information will have been included in the result of the search.

Providing accurate information will assist Hampshire County Council in locating the relevant agreement. Should Hampshire County Council need to contact you to clarify information, this could lead to a delay in providing confirmation of compliance.

Where possible, please upload the extract from the local authority search or Land Registry title which references the agreement. If you have a copy of the agreement, please also upload this, as it will this will assist us in replying to the compliance request in a more timely manner.

Highway agreement copies

If you wish to apply for a copy of an existing highway agreement apply via the Highway Agreement Copies form.


If you are happy that you understand what you will receive: