Understanding Adopted and Unadopted Roads for Leaseholders

Welcome to our comprehensive guide for UK tenants navigating the maze of un-adopted and private roads in England and Wales. There are tens of thousands of un-adopted and private roads in England and Wales, and they can be found anywhere, in country lanes, through to brand new, exclusive developments.

The challenge lies in discerning whether the road you call home is adopted or not, as this distinction can significantly impact your financial landscape. In this guide, we unravel the mysteries surrounding un-adopted and private roads in order to help tenants gain essential insights in order to make informed decisions.

Alarmingly, the last survey taken in 1972 by the Department of Transport found there were approximately 40,000 unadopted roads. In 2009, the Government released a paper that estimated it would cost £3 billion to improve these roads to an adoptable standard. There has been no survey since.

When you buy an older property, the state of the road will be obvious when you visit the house, however, roads have become more of an issue when buying new homes, particularly on new estates – where it’s not always made clear who is responsible.

Many new estates built within the last 15 years may be subject to estate charges, something not seen in the past. *Can you link to an article here?

What does it mean if your road is unadopted?

An unadopted road refers to a road that the local highway authority has not accepted responsibility for maintaining at public expense. Consequently, the onus of maintaining the road falls upon the homeowners along that particular road. This responsibility extends to the owners of properties directly facing the road, as well as those with properties where the side or length faces the road.

In the context of new housing developments, roads are typically not adopted immediately upon construction. This is a crucial consideration that individuals investing in a new build must be mindful of to avoid unforeseen responsibilities related to road maintenance.

If your road is unadopted, you can set up a resident’s association to manage the road, spread the cost and deal with issues or campaigns as a collective. This is not compulsory, and there will nearly always be someone who won’t join, which puts a greater burden on everyone else.

This Government paper was released in 2018, explaining what private and unadopted roads are.

What does this mean if you buy a new build?

Presently, it is more common for new housing developments to initiate the adoption process for their roads through the local authority, either wholly or partially. In essence, this signifies that the roads and communal public spaces, such as green areas, are not transferred to the local authority for management at public expense. Instead, these areas are entrusted to a private company, making them responsible for their maintenance and oversight.

In some cases, this could be a large housing association with many properties on the estate. That means that even those homeowners who own a freehold property can end up paying a private company to cover maintenance charges, which include upkeep of the roads and those green or communal outdoor spaces.

Usually, the agreement to manage the estate in this manner is written within the legal deeds of each property and acceptable under property law, home buyers are never consulted and have no consumer rights of redress. It is, therefore, imperative to ask and find out what the situation is as part of your due diligence.

Potential issues with newbuilds and un-adopted roads which are passed on to a private company:

• Private management company charges are uncapped and unregulated.
• Unadopted areas are often constructed to a lower standard, causing problems from the outset for affected residents.
• Residents’ requests for the breakdown of costs to show how their money is being spent are often ignored, and they often have to pay far more than expected for a basic service.
• In the press, there have been many stories of residents suffering unfair charges, which in the long term means that home buyers may be put off from buying properties on the estate. Thus, this affects the long-term value and saleability of the homes on the estate.

What to look for when buying such a home?

Here are some helpful questions to ask the estate agent and developer’s sales office from the Home Owners’ Rights Network:

• Is the whole of the estate going to be adopted by the council/water company when it is completed?
• If not, which parts will remain in private ownership?
• Has the developer agreed with the council to maintain any adjacent areas of public open space?
• What arrangements are in place to maintain unadopted areas into the future?
• Is there a Residents’ Management Company which will take control of the un-adopted areas when the estate is completed?
• Is there a cap on the estate charges and/or a limit to the annual rise in costs?
• Is there a dispute resolution process, and if so, what is it?
• What standards are used for the construction of the estate roads, footpaths, sewers, play areas, etc. and what process is in place for handover from the developer to the management company?
• Is there an independent inspection before the handover
• Are there any guarantees or indemnities against defects in the construction of the estate?

How can you find out if your road is adopted?

To find out if your road is adopted, you can do a local authority search, which is usually obtained during the course of the purchase transaction. You can also obtain a highways search from the local authority, in addition to the local authority search, which provides more detail.

It is possible to request the local authority to adopt a road, but it is purely their decision, and they will expect the road to be in a good current condition and not in a state where they will immediately have to spend money repairing it.

In some places, it can take the council as long as ten years to adopt areas. If the road is in a bad condition, it may be worth residents bringing in a managing company to deal with the maintenance until the council takes on the responsibility. This does, however, assume that everyone in the area will agree to the plan!

How we can help:

Fraser Allen takes pride in our expertise in managing and upkeeping private roads, catering to the needs of homeowners, developers, and freeholders alike. Whether you’re dissatisfied with your current management setup or seeking a reliable partner to handle road management, we’re here to assist.

If residents find themselves unhappy with the services provided by their existing management company or arrangement, we encourage them to reach out to us at 01242 399150. Our team is ready to discuss concerns, explore potential solutions, and see if our tailored approach can better meet their needs. We are committed to delivering quality road management services that enhance the living experience for residents and contribute to the success of a harmonious community.