Section 38 fees
What it covers
Our fees are a percentage of the estimated construction cost of your works and cover things like technical approval, inspections and administration costs.
How it's calculated
We calculate these during the pre-agreement stage. They may be revised if the works are not completed within 12 months.
We charge 10% if construction has not started. If construction has already started, higher fees of 12.5% to 15% will apply. For example, if earthworks have already been completed without our inspection.
You need to pay an initial £3,000 non-refundable deposit at the application stage. This will be deducted from the total section 38 fees on completion of the agreement.
Section 38 bond
What it covers
We also require a bond to cover the council against the possibility that the works are not completed, for example if the developer became insolvent.
How much it is
The bond is the same amount as our estimate for the cost of your works.
When you get invoiced
We will invoice you during the pre-agreement stage and the bond can be paid to us directly or via a surety company.
When you get it back
Your bond will be returned in 3 stages as your works progress, including:
- 50% after part 1 of the provisional certificate stage
- 25% after part 2 of the provisional certificate stage
- 25% when the road is adopted in the final certificate stage
Legal fees
The legal fees cover the council’s legal work of drawing up the agreement. This is £2,120 per agreement.
Other fees
Street lighting design
You may need to construct street lighting on the road or path you're creating. This will come at an additional cost. We will discuss this with you at contact stage.
Traffic Regulation Order
If there are any Traffic Regulation Orders associated with your application further fees will be required.
Commuted sums
Extra assets to the highway that are over and above a normal construction of a road may incur a commuted sum to maintain this asset for its design life.
Structures
If there are structures included in your submission for example retaining walls there will be a fee to design check these structures. Please highlight these within your application.
Geotechnical services
Once your application has been received, it will automatically be sent to our Geotechnical Section who will need to review the application, and any supporting documentation sent. They will then categorise the project into one of three geotechnical risk categories:
Fees
| Geotechnical risk | Additional fee |
|---|
| Low risk | No fee |
| Medium risk | £2,500 |
| High risk | £6,000 |
If your project is categorised as either medium or high risk, a member of the Geotechnical Section will contact you directly to advise the next course of action. A specification of what is included in each category can be made available on request.
Once the work has commenced, if the site is identified as needing subsequent work, the Geotechnical Section will make contact to discuss any additional fees.
