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.
The Estate Development Team's principle function is to support, advise, develop and supervise new highway works with a view to concluding the adoption of the asset.
What is an adopted road?
An adopted road is a road that is maintained at public expense. 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. 'Road adoption' is a term used to describe the council taking ownership of a private street.
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 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.
An online map is available which shows the current legal status of all streets in Bolton. Please see the 'Highway Status Register' page (link on the right).
How does a highway become adopted?
New roads
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 and our Roads for Adoption Document please contact our Estate Development Team using the contact details on the tab above.
Existing roads
An existing private street will not normally be adopted unless it is constructed to a standard considered acceptable by the Council. It may for example be unsurfaced, with neither road drainage nor street lighting. It can be costly to improve these streets to an adoptable standard.
Sections 205 to 228 of The Highways Act 1980 provide the powers for local authorities to make up a private street and to adopt it when it has been improved to a satisfactory standard. The Highways Act also enables the authority to charge the cost of the works to the owners of premises on the street.
The adoption of a street will normally increase the value of premises on it, but this can not be guaranteed.
To find out further information regarding the possible adoption of an existing highway please contact our Estate Development Team using the contact details on the tab above.