Prospectively maintainable highway

A local authority can designate a private road as prospectively maintainable so that the council may adopt the road to be maintained at public expense

Definition of a Prospectively Maintainable Highway

The authority maintains a register of prospectively maintainable highways.

List of prospectively maintainable highways

A road which has been declared as a prospectively maintainable highway will be revealed as a land charge when searches are carried out.

The definition of prospectively maintainable highway is set out in Section 87 of the New Roads and Street Works Act 1991 (replaced the Public Utilities and Street Works Act 1950).

Please note the declaration of prospectively maintainable does not necessarily infer that a road is subject to highway rights.

To check if your road or part of your road is publicly maintainable

Search for adopted roads (roads maintained at public expense)

If the road is not a publicly maintainable highway, you can check if it is a public right of way

Search for public rights of way

Costs to land and property owners

There is a liability on each of the properties with a boundary to the prospectively maintainable highway, to contribute to the cost of the making up of the road to adoptable standard when required by the County Council. This would be payable by the frontagers and apportioned on a pro-rata basis.

Hampshire County Council currently has no proposals to require prospectively maintainable highways to be made up to adoptable standards.

Utility rights

Utility undertakers (electricity, gas,water etc.) have the right to enter and install new or repair the existing apparatus, without seeking the permission of the subsoil owners.