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Advance payment codes

Legal notice requiring that the cost of road construction is guaranteed prior to the building of plots at new developments – Sections 219 to 225, Highways Act 1980

The Advance Payments Code is applicable to any development of six or more new dwellings fronting onto new road(s).

Where notice has been served under Section 220 of the Highways Act 1980 it is required that a sum equal to the full cost of construction of any new road or roads be either deposited with South Gloucestershire Council or security be provided in the form of a bond prior to the construction of buildings fronting onto the road or roads. This sum is calculated by us using a standard formula which is related to that used in calculating bonds for Section 38 adoption agreements. This security is intended to protect the purchaser of property with frontage onto the new road from the cost of construction to adoptable standard. Failure to deposit or secure the sum detailed in the notice before commencement of construction of buildings is an offence.

Advance Payments Code notice will be served shortly after a developer receives building control approval or an initial notice is issued.

If you have any questions about the Advance Payments Code which cannot be answered by reference to the legislation please contact the Development Implementation team.

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