The Private Street Works Code of The Highways Act 1980

A private street is a street that is not maintainable at the public expense. In other words, we, as the Highway Authority have not adopted it.

The frontagers are each responsible for the condition of the section of street adjoining their property up to the centre of the street.

A frontager is the owner of any land or property that adjoins or abuts the street.

We are the private street works authority for North Yorkshire.

The Private Street Works Code is a set of rules contained in Sections 205 to 237 of the Highways Act 1980 and it details the procedures to be followed by the private street works authority if it proposes to make up a private street.

Whilst the Private Street Works Code gives us powers to instigate private street works, in recent years schemes have only been progressed when a petition has bee received from the majority of frontagers on the street.

Where a street is to be made up under the Private Street Works Code our Area Committee must first pass a resolution which:

1. Recognises that the street is not constructed to a standard suitable for adoption as a publicly maintained highway.
2. Authorises the execution of a private street works scheme.
3. Instructs the director of environmental services to design the scheme, (drawings/specifications etcetera) and prepare an estimate of the cost of the works and provisional apportionments.

The provisional apportionment is the authority's estimate of the cost to each of the frontagers.

• The provisional apportionment will be charged according to the length of frontage of each of the properties / land in the street. The estimated cost of the works is divided by the total length of the frontages to be apportioned to determine a ‘cost per metre frontage rate’.
• HM Customs and Excise has declared that value-added tax is applicable to the costs of a private street works scheme and this must therefore be charged on all appropriate costs associated with the scheme.
• The authority, when calculating apportionment’s may, if they think it is proper to do so, take into account the following considerations:
  • The degree of benefit any property / land will derive from the street works 
  • The varying amount of works required in the street outside each frontage.

A Notice will be served on each frontager advising them of the provisional apportionment.

A list of each provisional apportionment and a copy of drawings etcetera will be kept on deposit at the local office of the authority and will be available for inspection free of charge during reasonable office hours.

Yes, an objection can be made within one month of the first publication of the notice.

The grounds for objection are, basically, as follows:

1. That the alleged private street is not a private street.
2. That there has been an error in the design, costings etcetera or the correct procedures have not been followed.
3. That the proposed works are insufficient or unreasonable.
4. That the estimated expenses of the proposed works are excessive.
5. That any premises ought to be excluded from or inserted in the provisional apportionment. 
6. That the provisional apportionment is incorrect in respect of some “matter of fact” to be specified in the objection or with regard to one of the considerations mentioned in the section: How will the provisional apportionment be calculated?

These are the only grounds upon which objection can be made and are listed in the notice of provisional apportionment. 

If objections cannot be overcome by agreement with the authority then the matter is resolved by a hearing in a magistrates court. 

The costs of any proceedings before a magistrate’s court in relation to objections under the Private Street Works Code are in the discretion of the court.

Yes. Providing the authority again follows the procedures laid down for the provisional apportionment’s giving notice and allowing objections specified in the section 'On what grounds can I object to the provisional apportionment?'.

The next step is for the authority to invite tenders for the work and to let a contract and for the work to be carried out. When works are complete, final apportionments are calculated.

The final apportionment is the actual cost to the frontagers.

The final cost of the works is divided in the same proportions as the provisional apportionment.

A notice of final apportionment is then served on the frontagers and invoices are issued. Interest is calculated on the debt from the date of the invoice.

Within one month from the date on which notice of the final apportionment is served objections may be made on all or any of the following grounds:

1. That there has been an unreasonable departure from the specification, plans and sections.
2. That the actual expenses have without sufficient reasons exceeded the estimated expenses by more than 15 per cent.
3. That the apportionment has been calculated incorrectly.

Yes. A right of appeal is available to the Secretary of State for Transport against any apportionment of expenses. An owner may take advantage of this remedy only where his complaint is unresolved with the authority and could not have been brought within the provisions of the Private Street Works Code to be dealt with in the magistrates court.

On appeal, the Minister may reach whatever decision seems equitable to him and his decision binds all parties.

The private street works authority expects that following the serving of final apportionment’s; payment in full is forthcoming from the frontagers.

If necessary frontagers should arrange finance with a conventional lending institution e.g. banks and building societies. In the event that frontagers are not able to obtain finance through these institutions then we might act as 'lender of last resort'. On this basis frontagers may be allowed to extend their payments over a maximum period of five years with interest charged at base rate plus two per cent on the date of serving the Final Apportionment’s.

Note: Interest will not be charged on final apportionments repaid within one year.

In certain cases of particular hardship, the authority may agree to these payment arrangements being extended. Alternatively the final apportionment may remain as a charge on the property. Such a decision is entirely a matter for the discretion of the authority.

In certain instances assistance may be available from the Department of Health and Social Security in meeting the interest payments on a loan used to pay private street works charges. Your local office should be contacted directly.

Following completion of the street works and the resolution of objections the street is adopted by the authority as a highway maintainable at the public expense. It is no longer the responsibility of the frontager to maintain and it will thereafter be maintained and repaired by the highway authority out of public funds.