S278 Agreements


Section 278 agreements, also known as S278 agreements, are legal documents that govern the arrangements between local authorities and developers. They`re an essential part of the planning process for any construction project that has the potential to impact public roads and highways. In this article, we`ll explain what S278 agreements are, the parties involved, and their importance in the development process.

What are S278 agreements?

S278 agreements are legal agreements which are made under Section 278 of the Highways Act 1980. Their primary purpose is to regulate the relationship between local authorities and developers with regards to construction work that may affect public highways. The agreement sets out the responsibilities of all parties for works that are needed to ensure that the development can be safely accessed from public highways.

Who is involved in an S278 agreement?

S278 agreements are typically agreed upon between three parties: the developer, the local authority, and sometimes the highways agency. The developer is the party responsible for carrying out the necessary works, while the local authority is responsible for ensuring that the development is safe and does not impact the surrounding highways. The highways agency may also be involved in the agreement if the development impacts any major highways or trunk roads.

What is covered in an S278 agreement?

S278 agreements cover various aspects of construction works, such as the design and construction of necessary works for the benefit of the highway, including footpaths, cycleways, traffic lights, roundabouts, and other related infrastructure. They also include details on the maintenance of the constructed infrastructure and are used to agree on the financial arrangements between the parties.

Why are S278 agreements important?

S278 agreements are essential in ensuring that the development process runs smoothly and that public highways are not adversely impacted by construction works. The agreements help to ensure that construction work is carried out in a way that mitigates potential harm to the public, and that all parties involved are aware of their responsibilities and obligations. S278 agreements can also be used to protect developers from incurring future liabilities, such as those resulting from damages to public highways.


S278 agreements may seem like technical legal documents, but they play a vital role in ensuring that construction projects run smoothly and that public highways are safe from harm. The agreements define the responsibilities of developers and local authorities, providing a framework for the process of designing and constructing infrastructure. If you`re involved in any development project that may impact public highways, it`s essential to engage with the local authorities and engage legal experts to ensure that you comply with all S278 agreement requirements.