Selling a House on an Unadopted Road

If your property is on an unadopted road, you will need to address this during the sale process. Unadopted roads are more common than many people realise \u2014 there are an estimated 40,000 across England and Wales \u2014 and they raise specific questions for buyers, solicitors, and mortgage lenders that you should be prepared to answer.

This guide explains what an unadopted road is, how it affects your sale, what you must disclose, and the practical steps you can take to give your buyer confidence and keep the transaction on track.

What is an unadopted road?

An unadopted road is a road that has not been taken over by the local highway authority as a publicly maintained highway. In practice, this means the local council has no obligation to repair, resurface, or maintain the road \u2014 including streetlighting, drainage, gritting, and snow clearance.

Unadopted roads are found in various settings. Many are on new-build estates where the developer has not yet completed the adoption process. Others are older private roads that were never built to adoptable standards, or rural lanes that predate the modern highway adoption system. Some unadopted roads are well maintained by their residents; others have deteriorated because no one has taken responsibility for repairs.

The legal framework for road adoption in England and Wales is set out in the Highways Act 1980. Under this Act, a highway authority (typically the county council or unitary authority) can adopt a road through several mechanisms, but it is never compelled to do so. The most relevant provisions for sellers are:

• Section 38 \u2014 allows a developer to enter into an agreement with the highway authority to build a road to adoptable standard, after which the authority will adopt it
• Section 37 \u2014 allows residents to dedicate a road as a public highway, subject to the council agreeing to adopt it
• Section 228 \u2014 gives the council power to adopt roads on new estates where advance payments code notices have been served on the developer

Maintenance responsibilities and frontager liability

On an adopted road, the highway authority is responsible for all maintenance. On an unadopted road, this responsibility falls to the frontagers \u2014 the owners of properties that front onto or have access from the road.

Frontager liability is a well-established principle in English law. Where no specific agreement exists, all frontagers are jointly and severally liable for keeping the road in reasonable repair. This means that any individual frontager could, in theory, be pursued for the full cost of repairs, although in practice costs are usually shared. The specific obligations may be set out in:

• The title deeds or transfer documents for your property, which may contain covenants requiring you to contribute to road maintenance
• A deed of covenant or maintenance agreement signed by all frontagers, setting out each owner's share of costs
• The terms of a Section 38 agreement between the developer and the highway authority, if one exists

Where no formal arrangement exists, disputes about who should pay what are common. Some frontagers refuse to contribute, leaving others to bear a disproportionate share of costs. This is one of the main practical difficulties of living on an unadopted road, and it is something that buyers and their solicitors will want to understand before committing to a purchase.

Shared maintenance costs

The costs of maintaining an unadopted road can be significant. Typical expenses include:

These costs are typically divided among all frontagers, but the per-household contribution depends on how many properties share the road and whether all owners agree to contribute. On a road with 20 properties, resurfacing costs of \u00a330,000 would mean roughly \u00a31,500 per household. On a road with just four properties, the same work could cost \u00a37,500 each.

If your road has a formal maintenance fund or residents' management company, provide the buyer with details of the arrangement, the current fund balance, and the annual contribution level. This kind of documentation is enormously reassuring and helps the sale proceed smoothly.

Section 38 agreements and road bonds

If your property is on a relatively new development, there may be a Section 38 agreement in place between the original developer and the local highway authority. This agreement is the most common route to road adoption on new-build estates.

Under a Section 38 agreement, the developer commits to constructing the road to the highway authority's specification. Once the road is completed and passes inspection, the authority formally adopts it and takes over all future maintenance. The process typically includes:

1. Agreement stage. The developer and highway authority enter into a Section 38 agreement before or during construction, setting out the road specification, timescales, and financial security requirements.
2. Road bond. The developer provides a financial bond \u2014 typically a cash deposit or surety bond from a bank or insurance company \u2014 equal to the estimated cost of completing the road to adoptable standard. This protects the council and residents if the developer fails to finish the work.
3. Construction and inspection. The road is built to the agreed specification. The highway authority inspects the work at various stages.
4. Maintenance period. After construction is complete, there is usually a 12-month maintenance period during which the developer must rectify any defects. Only after this period ends and the road passes a final inspection will the authority adopt it.

Problems arise when the adoption process stalls. Developers sometimes fail to complete roads to the required standard, go into administration before finishing the work, or simply delay the process. This leaves residents on roads that are technically covered by a Section 38 agreement but have not yet been adopted \u2014 sometimes for years. If the road bond is still in place, the council can draw on it to complete the work. If the bond has lapsed or was insufficient, the cost may fall on residents.

The local authority adoption process

For roads without a Section 38 agreement, the route to adoption is more difficult. Residents can petition the council to adopt their road under Section 37 of the Highways Act 1980, but the council has no obligation to agree. In practice, councils are reluctant to adopt existing private roads because doing so creates a permanent maintenance liability at public expense.

If the council is willing to consider adoption, it will typically require the road to be brought up to adoptable standard first \u2014 at the residents' expense. This can involve substantial investment in resurfacing, drainage, kerbing, and lighting. The cost of bringing an unadopted road up to adoptable standard varies widely but can easily reach \u00a310,000 to \u00a350,000 or more, depending on the length and condition of the road.

For roads on post-1974 developments, Section 228 of the Highways Act gives the council additional powers. If the council served an advance payments code notice on the developer at the time of construction, it can use those advance payments (or the bond) to complete the road and adopt it. The local authority search will reveal whether any advance payments code notices are registered against the road.

Impact on property value

The effect of an unadopted road on property value depends on several factors:

• Road condition. A well-maintained unadopted road may have little impact on value, while a badly deteriorated one can deter buyers and significantly reduce offers.
• Maintenance arrangements. Properties on unadopted roads with formal maintenance agreements and active residents' funds are more attractive than those with no arrangement in place.
• Adoption prospects. If a Section 38 agreement is active and adoption is expected within a reasonable timeframe, the impact on value is likely to be minimal. If adoption is unlikely, buyers will factor in the long-term cost of private maintenance.
• Buyer expectations. In rural areas, unadopted lanes are relatively common and buyers may accept them as normal. In suburban new-build estates, buyers typically expect adopted roads and may be less willing to accept the additional responsibility.

RICS guidance notes that valuers should consider the road's condition, maintenance arrangements, and adoption prospects when assessing properties on unadopted roads. A poorly maintained unadopted road with no maintenance agreement is a material factor that may result in a lower valuation.

Disclosure requirements: TA6 and local authority search

Buyers will learn about the unadopted road through two main channels during conveyancing:

Local authority search results

The local authority search (specifically the CON29R enquiries) asks whether the roads serving the property are publicly maintained highways. If the road is unadopted, this will be clearly stated in the search results. The search will also reveal whether any Section 38 or Section 228 agreements are in place, and whether any advance payments code notices have been served.

This means there is no possibility of the road's status remaining hidden \u2014 the buyer's solicitor will see it in the search results regardless of what you disclose on the TA6. Being upfront from the outset is therefore both a legal obligation and a practical necessity.

TA6 Property Information Form

The TA6 Property Information Form asks about rights, shared arrangements, and any issues affecting the property. You should disclose the unadopted road status and provide details of:

• Any maintenance agreement or deed of covenant relating to the road
• The level of annual maintenance contributions and who collects them
• Any Section 38 or Section 228 agreement, including the current status and expected adoption timeline
• Any disputes with neighbours or the developer about road maintenance or adoption
• The current condition of the road and any recent repair work

Honest and detailed disclosure protects you from misrepresentation claims after completion. For a full overview of your obligations, see our guide on what to disclose when selling your property.

Mortgage lender attitudes

Most mainstream mortgage lenders will lend on properties served by unadopted roads, provided the property has adequate legal access and the road is in reasonable condition. However, lenders are cautious about situations where:

• The road is in very poor condition with no maintenance arrangement in place
• There is no legal right of access over the road to reach the property
• The road is subject to a dispute about ownership or maintenance responsibilities
• A Section 38 agreement has lapsed or the developer has gone into administration, leaving the road incomplete

The lender's valuer will comment on the road's condition as part of the mortgage valuation. If the valuer raises concerns, the lender may reduce the valuation, request further information about maintenance arrangements, or in rare cases decline to lend until the issue is resolved. Having a documented maintenance agreement and evidence of the road's upkeep helps significantly.

Insurance considerations

An unadopted road does not typically affect your buildings insurance for the property itself. However, there are insurance considerations specific to unadopted roads that you and your neighbours should be aware of:

• Public liability insurance. If a member of the public or a visitor is injured on the unadopted road, or their vehicle is damaged due to the road's condition, the frontagers could face a negligence claim. Some residents' groups arrange public liability insurance for the road to protect against such claims. The cost is typically modest \u2014 a few hundred pounds per year shared among all frontagers.
• Drainage and flooding. If poor road drainage contributes to flooding of your property, this may be relevant to your buildings insurance claim. Insurers may question whether the drainage issue could have been prevented through proper road maintenance.
• Road bond insurance. Where a Section 38 agreement includes a surety bond rather than a cash deposit, the bond is effectively an insurance product. If the bond provider becomes insolvent, the financial protection may be lost.

How your solicitor handles the unadopted road

Your solicitor will play a central role in managing the unadopted road issue during the sale. Their responsibilities include:

• Reviewing your title deeds for any road maintenance covenants or obligations
• Providing copies of any Section 38 agreement, maintenance agreement, or deed of covenant to the buyer's solicitor
• Responding to the buyer's solicitor's enquiries about the road's status, maintenance history, and adoption prospects
• Advising you on how to present the situation in the most favourable light while remaining fully honest
• If necessary, arranging indemnity insurance to cover specific risks related to the road

Briefing your solicitor about the road's status before listing your property is strongly advisable. The more information they have from the outset, the better prepared they will be to handle enquiries promptly and keep the sale moving.

Practical steps before selling

If you are preparing to sell a property on an unadopted road, the following steps will help you manage the issue effectively:

1. Check your title deeds. Look for any covenants, rights, or obligations relating to the road. Your solicitor can obtain official copies from the Land Registry if you do not have them.
2. Gather documentation. Collect any maintenance agreements, deeds of covenant, Section 38 agreements, road bond details, and correspondence with the highway authority or developer. If a residents' management company or committee exists, obtain minutes and financial statements.
3. Document maintenance history. Keep records of any maintenance contributions you have paid, repair work that has been carried out, and the road's current condition. Photographs showing the road in good repair can be useful evidence.
4. Consider basic repairs. If the road has significant potholes or surface damage, a group contribution to basic repairs before marketing can improve the property's appeal and prevent the road's condition from becoming a sticking point during negotiations.
5. Establish a formal maintenance arrangement. If no formal agreement exists between frontagers, consider working with your neighbours to create one before selling. Even a simple written agreement setting out each property's share of costs provides valuable reassurance to buyers.
6. Check the local authority search in advance. You can order the local authority search yourself before listing to see exactly what it will reveal about the road. This helps you prepare your TA6 answers and brief your solicitor on what to expect.
7. Brief your solicitor early. Provide all documentation and explain the road's history and current status. Your solicitor can then prepare comprehensive responses to the buyer's likely enquiries, reducing delays during conveyancing.

Preparing early with Pine

Unadopted roads are a common source of delay in property transactions because the relevant documentation is often incomplete or scattered. Pine helps sellers get ahead by identifying potential issues like unadopted roads early in the process, guiding you through the TA6 Property Information Form, and helping you assemble the documentation your solicitor needs before a buyer is even in the picture.

By preparing your legal pack in advance \u2014 including maintenance agreements, Section 38 documentation, and clear TA6 responses \u2014 you give your solicitor everything they need to respond to enquiries promptly. This keeps the conveyancing process moving and reduces the risk of a buyer losing patience or confidence over an issue that could have been addressed before listing.

Sources

• Highways Act 1980, Sections 37, 38, and 228 \u2014 legislation.gov.uk
• GOV.UK \u2014 Unadopted roads: guidance for homeowners and developers \u2014 gov.uk
• RICS \u2014 Valuation of properties affected by unadopted roads: RICS professional standards and guidance \u2014 rics.org
• Law Society of England and Wales \u2014 Property Information Form (TA6), 4th edition, 2020
• HM Land Registry \u2014 Official copies of register and title plan: gov.uk/search-property-information-service
• CON29R Standard Enquiries of Local Authority (2016 edition) \u2014 published by the Law Society

Frequently asked questions