Question to the Department for Transport:

To ask the Secretary of State for Transport, what assessment she has made of the adequacy of protections available to homeowners where a developer leaves a new-build housing development before roads, pavements and other agreed infrastructure have been completed; and what recourse is available to homeowners where the developer and relevant local authority have been unable to secure completion of those works.

The Government recognises concerns where developers leave housing developments before roads, pavements or other agreed infrastructure have been completed. Under section 38 of the Highways Act 1980, developers may enter into agreements with local highway authorities for new roads to be adopted once they have been constructed to the required standard. Where a Section 38 agreement is in place, local highway authorities will normally require a financial bond or other security to help ensure outstanding highway works can be completed if the developer fails to do so.

The Department for Transport recently commissioned independent research into the road adoption process in England and is considering the findings alongside wider cross-government work on unadopted estate amenities. The recourse available to homeowners will depend on the circumstances of the development and the legal arrangements in place but may include action by the relevant local authority under agreements entered into with the developer, including the use of any bond or other security.