Bolton Council is only responsible for highways which have been adopted as part of a legal agreement. If a road has not been constructed to the council's specified standards(Bolton Council Roads for Adoption) then the council will not adopt a road and this shall instead remain a private street.
What is an adopted road?
An adopted road is a road that is maintained at public expense. Road adoption is a term used to describe the council taking ownership of a private street. An adopted road must remain passable at all times and no obstruction should be placed on the highway without prior agreement by the council. Any unauthoried obstruction can be dealt with by our Highway Enforcement Officers
What is a private street?
A private street is a road, which is not maintainable at the public expense. A private street may have existed for a number of years, but probably would have not been constructed to the council's "adoptable standards".
Private streets may often be unpaved, without kerbs, footways, drainage, lighting or all of these features and the running surface is probably in a bad condition.
The council, as a highway authority, is under no obligation to carry out repairs or cleansing to these streets, even though they could be public rights of way to which highway and traffic law can be applied.
Owners of the highway which are usually the owners of the property fronting private streets, should note that liability for meeting claims for accident or injury damage resulting from the condition of the private street would be expected to rest with the owners of property abutting the street.
How does a highway become adopted?
New highway
New roads and footpaths that have been constructed in accordance with the council's guidelines are normally adopted by way of an agreement between the developer and the council, under section 38 of The Highways Act 1980. Developers are required to conform to the conditions of Bolton Council's Roads for Adoption document which states all of the guidelines and requirements before a road shall be adopted by the council.
For information on entering into a Section 38 agreement or to gain details of our Roads for Adoption Document please contact our Estate Development Team using the contact information contained on this page.
Existing roads
Under the provisions of Section 205 to 228 of the Highways Act 1980, the highway authority, that is the council, may resolve to raising the standard of a private street by providing any or all of the missing features or by improving the standard of any existing features to meet with council standards. These will be at the expense of the owner. This procedure enables the council on completion of necessary remedial works to adopt the street as a highway maintainable at public expense.
To find out further information regarding the possible adoption of an existing highway please contact our Estate Development Team using the contact information contained on this page.