Adoption through the Section 228 procedure carries a commercial risk, as significant work must be done before a developer can be sure that the adoption will be approved. However, if there is no known owner of the country, objections are unlikely and this can prove to be a very effective way to get around an otherwise insurmountable problem. A Section 38 agreement requires the developer to complete certain work within the prescribed time frame. For example, before occupying a dwelling in front of a new road, the pavement must be complete up to the base layer of the surface material (the layer below the final surface of the road), the sidewalks must be complete, and the street lighting must be operational. Therefore, compliance with the agreement should ensure a safe and usable motorway for local residents before formal adoption. In some cases, the problem can be solved by liability insurance. In other cases, it is more critical. An area with an unregregized country between the supposed motorway border and the settlement boundary could mean that there is no legitimate access from the site to the motorway, unless an access right can be established by that unregregized country. If the land is not already used as a highway, the usual way of thinking that the landowner is entering into an agreement with the highway authority to reserve the land as a highway, in accordance with section 38 of the Highway Act, 1980.
However, if there is no known owner, it is impossible, but Section 228 of the Highways Act 1980 offers an option to overcome this problem. This section authorises a motorway authority to carry out road works on a private road. It is important to note that this concerns the takeover of factories in an existing private road, although in practice this can be overcome by the creation of a private road by carrying out the work. The contract is also secured by a loan or financial payment that the highway authority can use in certain circumstances, for example.B. if the developer goes bankrupt/is in liquidation before the roads are completed. Large developments, which include an extensive network of hiking routes and trails, are often divided into phases, with a separate S38 agreement for each phase, sometimes with different developers. This scenario is the biggest challenge when it comes to setting proper road construction and completion rates, as developers are often printed under pressure due to the demand for marker to build and sell homes outside the normal order. Different developers build at different speeds and not all road sections within the same development can be completed one after the other. For a portion of road to become an adopted highway, it must be connected to another section of the supposed highway. This can sometimes lead to the completion of road sections to an appropriate standard, but can only be resumed when the road sections that connect them to the supposed motorway are also completed to an acceptable standard. .