Section 278 agreement
As the highway authority, we give authorisation for any work on the highway.
Work cannot begin until the Section 278 agreement is completed and a bond (if necessary) is secured.
Any unauthorised work on the highway, undertaken without a Section 278 agreement (or other required highway consent), will result in enforcement action taken against the developer and / or contractor. That includes the recovery of costs.
Becoming an approved contractor to work on the public highway
Work on the public highway can only be undertaken by a contractor that we approve.
As the local highway authority in Hertfordshire, we provide a free assessment of contractors that want to undertake works on the public highway.
How to apply
Email us a copy of:
- your valid CHAS Certificate and a covering letter. You must be CHAS approved.
- a copy of your £10million Public Liability Insurance
- Proof of experience of working on the Highways
- 2 references.
Do I need to be approved for s278, s38 and s50 works?
Yes, you must be approved by us to carry out these works on the public highway.
Even if we've approved you, you still need to get a Section 50 licence.
What constitutes breach or removal from the list?
- Breach of any Highway related current Legislation, i.e. The Traffic Management Act, New Roads & Street Works Act and The Highways Act.
- Failure to comply with current Safety at Street Works and Road Works (CoP).
- Working on the highway without the required agreement or a permit being in place.
- Repeated poor quality work.
- Use of a non-approved sub-contractor.
For more information email approved.contractor@hertfordshire.gov.uk.
Road adoption (Section 38)
New roads
New roads that have been constructed by developers will normally be adopted through a Section 38 Agreement.
Once a road is adopted it is ‘highway maintainable at public expense’.
Until a road is adopted, its maintenance remains the responsibility of either the developer/owner and/ or those living along the road.
Existing roads
If you would like to offer an existing road for adoption as highway
maintainable at public expense, the following criteria will need to be satisfied:
- The road provides wider public utility
- The road must be constructed to an adoptable standard
- The road must be offered for adoption by the owner (usually the developer) of the road.
- An Agreement under the terms of Section 38 of the Highways Act 1980 is made between the owner/developer and the County Council.
Find out if your road is adopted
Roads in Hertfordshire: Highway design guide
Our guide gives detailed design advice on road improvements made by the county council, its agents, developers or any other third party.
As well as setting out advice relating to the layout of roads and other highway features in Hertfordshire, the design guide describes the standards that must be met before adoption of highways can take place.
The public consultation for Hertfordshire’s Place & Movement Planning Design Guidance is now closed. Thank you to those that responded, and we are now considering the feedback received.
We have been pleased with how you have engaged with us and would encourage designers and architects to continue feedback to our Planners and Engineers.
This page will be updated again when we have the results of the consultation and a planned adoption date.
Highways design guide documents