An Advance Payment Code is a bond that developers are required to pay that protects us as the local highways authority, and the future residents of a development, from having to meet the costs should the development streets not be completed to a satisfactory standard.

It is applicable to any development of six or more new properties fronting onto new road(s).

Advance Payments Code notice will be served – under Section 220 of the Highways Act 1980 – shortly after a developer receives building control approval or an initial notice is issued.

How much the developer must pay is calculated by us using a standard formula which is related to that used in calculating bonds for Section 38 adoption agreements. The sum required is normally equal to the full cost of construction of any new road or roads to adoptable standard.

It must be paid prior to the construction of buildings fronting onto the road or roads. Failure to do so is an offence.

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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