Road adoption is a term used to describe the council taking responsibility for the maintenance of a street.

A “private street” is a road, which is not maintained at public expense. This means that the council, as the Highway Authority, is unlikely to carry out repairs or cleansing to the street, even though it could be a road to which highway and traffic law can be applied.

New roads that have been constructed in accordance with council guidelines are normally adopted by way of an agreement between the developer and the council, under section 38 of the Highways Act 1980. Existing roads will not normally be adopted unless they are brought up to current standards by the owners of the road. It may for example be unpaved, without kerbs, footways, gullies/highway drainage and lighting, resulting in its surface probably in a bad condition.

Under the provisions of sections 205 to 218 of the Highways Act 1980, the Highway Authority may resolve to raise the standard of a private street by providing any or all of the missing features or by improving the existing features, with the costs being apportioned to the frontagers of the street.

This procedure enables the council on completion of the necessary works to then adopt the street as a highway at public expense.