Luxxe Marketing Agency

Section 38 Agreement Drainage

Section 38 Agreement Drainage

Section 38 Agreement Drainage: Everything You Need to Know

If you`re involved in construction or development work, especially in the UK, chances are you`ve heard of a section 38 agreement. Specifically, section 38 agreements apply to the adoption of highways by local authorities, but they also cover drainage systems, which is what we`ll be discussing in this article.

What is a section 38 agreement?

A section 38 agreement is a legal agreement between a local authority and a developer, which sets out the terms and conditions for the adoption of a new road or drainage system. The agreement is typically entered into before construction work begins, and it specifies the design, construction, and maintenance requirements that must be met.

What is drainage?

Drainage refers to the process of removing excess water from a site, which is necessary to avoid flooding and water damage. Drainage systems can vary in size and complexity, from small soakaways for individual properties to large-scale drainage networks that serve entire communities.

What does a section 38 agreement cover?

When it comes to drainage, a section 38 agreement covers a range of requirements that must be met for the system to be adopted by the local authority. These requirements include:

1. Design standards

The drainage system must be designed in accordance with relevant industry standards and guidelines, which typically include the Building Regulations and the SuDS Manual. This ensures that the system is fit for purpose and has been designed to minimize the risk of flooding and pollution.

2. Construction standards

The drainage system must be constructed to a high standard, using suitable materials and techniques. The local authority will typically carry out inspections to ensure that the work has been carried out in accordance with the agreed design and meets the required standards.

3. Maintenance requirements

Once the drainage system has been adopted, the developer is responsible for maintaining it for a specified period, typically up to 12 months. This includes carrying out any required repairs or remedial work, and ensuring that the system is kept in good working order.

4. Financial provisions

The developer is typically required to provide a financial surety, such as a bond or guarantee, to cover the cost of any remedial work that may be required during the maintenance period. This ensures that the local authority is not left with an unfinished or poorly maintained drainage system.

5. Legal provisions

The section 38 agreement will also include various legal provisions, such as indemnities and warranties, to protect both parties in the event of any disputes or issues arising.


In summary, section 38 agreements are a vital tool for ensuring that new drainage systems are designed, constructed, and maintained to a high standard. By entering into a section 38 agreement with the local authority, developers can ensure that their drainage systems are fit for purpose and are adopted smoothly, without any issues arising. If you`re involved in development work that requires a new drainage system, be sure to consult with a legal expert to ensure that you comply with all relevant regulations and guidelines.


No products in the cart.

Create your account

[ct-user-form form_type="register"]