Road, street, sewers, drainage features and public open space adoption is a term used to describe the council taking ownership of a 'private entity'. It is then managed and maintained by the council.
Adoption of roads, sewers, drainage features and public open space in Milton Keynes
Sometimes occupiers of new developments in the city may need help with issues that come about during construction or after its completion.
Concerns are often raised as to the maintenance of ‘features’ such as new roads, public open spaces (including parks) and drainage basins, either before they are adopted or after the development has been completed.
The council does not adopt all features created by a development and, unless legislation requires, it is for the developer to decide whether to seek adoption or retain ownership and control of those features. The Council does not, as a matter of course, adopt incidental open space within new developments.
Developer versus housebuilder
There is a difference between a developer and a housebuilder.
A developer sources land to be developed and obtains the initial planning permission and licenses required in line policies. Depending on the scale of the development, they may be responsible for the implementation of the necessary site wide infrastructure (features) such as key sewers, drainage, grid roads and open spaces which serve the community as a whole.
A housebuilder will seek detailed permission to build homes in line with the initial permission. They will connect their homes to the required infrastructure features. They are responsible for the construction of the buildings and will often work with the Council’s Building Control team or national bodies, such as the NHBC to guarantee workmanship.
Sometimes the housebuilder is also the developer.
The stages in the adoption of a feature
Technical approvals
Following the grant of planning permission, the developer will need to discharge planning conditions and obligations and secure other technical approvals from other authorities. This may include approvals from the Council in its capacity as the local highway authority (LHA) or the lead local flood authority (LLFA), and the water and drainage authority. These approvals may make provision for the later adoption of features being created by the development.
Beginning of the adoption process
At some stage of the construction phase(s) of the development, the developer will notify the relevant authority of their desire to have certain features adopted. This often results in reference to the following agreements:
- Section 278 and/or 38 agreement (under highways legislation) for the adoption of roads, public parking bays, footways and redways;
- Section 104 agreement (under the Water Industry Act) for the adoption of surface and foul water sewers;
- Section 106 agreement (under planning legislation) for the adoption of public open space and drainage basins.
At this point, there is greater certainty over which features will be adopted by the council or other organisations, and which will remain with the developer or transfer to a nominated management company. The developer should communicate this information to affected homeowners and businesses on the development.
Open spaces on a new development can be generally divided between linear and other formal parks, playing fields and play areas, and areas of incidental open space generally located within residential areas. Parks, playing fields and play areas will often be adopted by the Council, or another organisation such as The Parks Trust or Parish and Town Councils, whilst incidental spaces may be transferred to a management company chosen by a developer.
Where a management company is used the developer will often impose a service charge on occupiers. This is separate and additional to Council Tax or Business Rates.
The Council cannot make a developer put forward features for adoption except where this has been agreed as a Condition or Obligation of planning consent. Whilst there may be incentive for them to do so (e.g. highways will not be adopted if the sewer network is not), the Council does not control land ownership.
You can find out if a new road in Milton Keynes is maintained by MK City Council along with details of Section 278 and Section 38 Agreements.
Snagging period
This allows for any deficiencies in the construction of roads, sewers, drainage basins and open space to be corrected before the adoption process completes. During this time, the adopting authority or organisation will check the features which are to be adopted and request corrective works as necessary.
The developer remains responsible for the features during the snagging period.
Adoption completes
The features then come under the responsibility of the relevant authority or organisation, or transfers to a management company. In summary, this may be:
- Roads: the LHA or, where not formally adopted, the management company;
- Sewers: the water and drainage authority or, where not formally adopted, the management company;
- Drainage basins: the LLFA, the Parks Trust, town or parish Council, the Council, or, where not formally adopted, the developer/management company;
- Public open space: the Parks Trust, town or parish Council, the Council, or, where not formally adopted, the developer/management company.
Land searches will often reveal who is responsible for roads and sewers. This may also reveal if a management company exists for drainage basins and public open space.
We understand that a decision to buy a house or move into a new area can be influenced by local schooling. It is therefore important to understand how the school admissions process works, and further information is available from our school admissions team.
Who to contact
First, establish who is responsible for the feature concerned using the links below. Where you need to contact the developer.
- Roads: check the Highways map to find out whether the road is or is to be adopted by the LHA. If neither applies, the road has not been put forward for adoption.
- Sewers: check whether sewers are or will be adopted by a water and drainage authority, or explore other information sources here;
- Drainage basins: check with the planning obligations team whether the drainage basin has been put forward for adoption by the Council, the Parks Trust, or a town or parish Council. If none apply, the drainage basin has not been put forward for adoption.
- Public open space: check with the planning obligations team whether the open space or park has been put forward for adoption by the Council, the Parks Trust, or a town or parish Council. If none apply, the open space has not been put forward for adoption.
List of developers
To assist with directing residents and businesses in Milton Keynes to the correct person to assist with enquiries over the adoption of roads, sewers, drainage features and public open space. We have created a contact list below. This includes developers who are active in the city for drainage basins and public open spaces.
This list is not designed to be comprehensive and is not a substitute for establishing the correct point of contact. A future update of this webpage will aim to provide local contact details. View the list of developers.
Management companies
We are unable to provide a list of management companies as details are not always shared with us. Details of your management company can be found in your deeds.
National bodies
Here's some useful links to national bodies concerned with good practice in housebuilding: