Infrastructure Agreements

Infrastructure agreements are a fundamental part of any housing development – they are a vital component for developers who wish to successfully build new homes.


An agreement under section 38 of the Highways Act 1980 allows for developers to build new roads in an estate, and an agreement under section 278 of the same act allows works to be carried out in highway that is already adopted. A common example of this is installing a new junction or widening an existing one to allow easier access to the new housing estate and cater for increased traffic.


Sewer adoption agreements, governed by the Water Industry Act 1991, allow for sewerage systems to be created (section 104 agreements) or diverted (section 185 agreements) providing vital waste disposal for homes. Sustainable drainage systems (SuDs) are also an increasingly popular drainage system found on housing developments due to their ability to manage rainfall and surface water in a more environmentally friendly way.     


Electrical substations allow power to be delivered to homes contained within the housing estate. These substations are transferred from the developer to an electricity provider before they are able to go live and power homes.

Gas Governors

A gas governor distributes gas to homes, and similarly to substations, they are transferred to the relevant provider.


There are several other types of infrastructure agreements that are commonly entered into. For example, easements (or rights over land) may also be needed in conjunction with these agreements to allow for the protection of drainage pipes, electricity supplies, gas connections and telecommunication cables.

The above information is not comprehensive although it does provide an overview. If you do require assistance in relation to the infrastructure required for housing development please chat to our Commercial Property team at Guest Walker who will be able to help – telephone us on 01904 624903 or email

Hannah Garratt
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