An adopted road is maintained at public expense, usually by the highway authority. In Luton we are the highway authority.
We maintain adopted roads and carry out:
- repairs to the surface
- repairs to the street lighting
- street sweeping
- street cleaning
- verge grass cutting
Adopting newly constructed roads
When new housing developments are constructed, the roads which serve the properties are sometimes offered for adoption.
This is carried out when we enter into an agreement with the developer using the terms and conditions of Section 38 of the Highways Act 1980.
Private roads
A private road is not an adopted road. The maintenance of the road is the responsibility of the owners or residents, who each own the part of the road in front of their house.
This means that we, as the highway authority, are under no obligation to carry out repairs or clean these roads. This applies even though it could be a public right of way to which highway and traffic law can be applied.
Adoption of private roads
We could adopt a private road if all the owners of the road are in agreement and are able to ensure that the condition of the road is of adoptable standard, including surfacing, drainage and street lighting.
Any works required to bring the road to an adoptable standard would have to be completed at the expense of the owners or residents.