Private Streets

A private street is a road which is not maintained at the public expense by the Highway Authority. The responsibility for maintenance and upkeep of a private street rests with the frontagers or street managers.

Although the County Council has no responsibility for maintenance of private streets it can take any action against encroachments or obstructions whereby the rights of the general public have been affected. The County Council can also promote Traffic Regulation Orders e.g. Prohibition of Driving Orders.

Private streets may or may not have highway rights for all purposes i.e. the public at large have a right to pass and re-pass on foot, on horseback or by vehicle. Some private streets may contain routes of public footpaths or bridleways.   

The making up of private streets to an adoption standard (whereby the County Council would assume the future maintenance liability) is covered by legislation contained in Part XI of the Highways Act 1980.

The County Council does not at this time have a programme for the making up of private streets. However, where a private street (including cul-de-sac, footway, square or alley) is not adequately paved, drained or lighted, or if a strong majority of frontagers wish their road to be made up, the County Council can decide to implement the private street works procedures and execute street works.  However it should be noted that the Council has no budget at this time to carry out such works.  Before carrying out any works the Council will ensure that it has the agreement of the owners of properties which front, abut or adjoin onto the street to charge the cost of the works to them.  The cost of the works are apportioned to each property owner according to the amount of frontage to the street.  This cost is usually considerable and as a result very few roads in the County have been made up by this method in the past 10 years.  

A prospectively maintainable highway is one which may be made up to adoption standards under the Private Street Works procedures.  The roads are unadopted public highways over which highway rights for all purposes have been  established (ie a private street).  The responsibility for maintenance of these roads rests with street frontagers and not with the Highway Authority.  Such roads are recorded on the local Land Charge Register and declarations of prospectively maintainable are revealed to prospective house purchasers when local authority searches are carried out.

Utility undertakers such as Severn Trent Water, have the right to carry out repairs to their apparatus or lay new mains etc in roads declared prospectively maintainable without seeking the permission of the sub-soil owners of the road. The same procedures under the New Roads and Street Works Act 1991 relating to the installation or repairs to utility undertakers apparatus, and reinstatement,  apply to roads declared prospectively maintainable or with publicly maintainable highways.

We hope that you will find the information you require on our web site. If not, please feel free to contact the Road Adoptions  team on 0116 305 7198 or at roadadoptions@leics.gov.uk.