What Are S278 Works and Why They Matter: The Essential Guide for Developers and Contractors

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When planning a new development in the UK, whether residential, commercial or mixed-use, there’s more to consider than just the buildings themselves. One of the most critical – yet often overlooked – elements is the impact on surrounding infrastructure, especially public highways. This is where Section 278 works, commonly referred to as S278 works, come into play.

If you’re a developer, architect, contractor or project manager, understanding what S278 works are, when they’re required, and how to manage them effectively is key to avoiding costly delays and ensuring regulatory compliance. In this guide, we’ll explore everything you need to know about S278 agreements, why they matter, and how to handle them efficiently.

What Are S278 Works?

S278 works refer to highway improvement works carried out by a private developer under an agreement with the local highway authority, made under Section 278 of the Highways Act 1980.

These agreements allow developers to make alterations or additions to the public highway, typically to support access to a new development. This might include:

  • Constructing new junctions or roundabouts
  • Widening existing roads
  • Adding pedestrian crossings or traffic signals
  • Installing new kerbs, footpaths or cycleways
  • Modifying drainage or street lighting

In essence, if your development affects the highway in any way, it’s likely you’ll need an S278 agreement before construction can begin.

Why Are S278 Works So Important?

S278 works are crucial for both legal compliance and project success. Here’s why they matter:

1. Legal Requirement

Without a valid S278 agreement in place, a developer cannot legally carry out works on a public highway. Proceeding without it can result in enforcement action, project delays, and financial penalties.

2. Improved Safety & Access

S278 works ensure that developments integrate safely into the existing road network, protecting both road users and site visitors. From visibility splays to pedestrian safety measures, these upgrades are vital.

3. Planning Permission Conditions

Local authorities often make planning permission conditional upon a signed S278 agreement. Failure to secure one can invalidate your permission or stall progress.

4. Minimised Disruption

By planning S278 works early and working with experienced contractors, you can reduce disruption to surrounding traffic, residents and businesses.

When Do You Need a Section 278 Agreement?

You’ll need an S278 agreement if any part of your development requires changes to an existing adopted highway. This includes:

  • Creating a new site access off the highway
  • Installing traffic-calming measures
  • Connecting new footpaths or cycleways to the network
  • Adjusting street lighting or signage near the site
  • Changing road layout or markings

For example, if you’re building a new housing estate and need to construct a right-turn lane into the site, that would require an S278 agreement.

The S278 Process Explained

The S278 process can be complex, but understanding the stages helps avoid delays. Here’s a breakdown:

1. Design Approval

Submit detailed design drawings to the local highway authority. These must comply with current standards, including drainage and materials specifications.

2. Technical Audit

The council’s engineers will review your designs to ensure they meet safety and legal standards. Feedback will be provided for revisions if needed.

3. Legal Agreement

A formal Section 278 legal agreement is drawn up between the developer and highway authority. This includes costs, insurance, liabilities, and timescales.

4. Bond Payment

Developers must pay a bond or financial surety – typically 100% of the estimated works cost – to guarantee completion and cover remedial work if needed.

5. Pre-Start Requirements

This includes road space booking, traffic management plans, and permit approvals. The local authority will specify these prior to site works.

6. Construction Phase

An approved contractor carries out the works under supervision from the highway authority. Inspections and compliance checks are conducted throughout.

7. Final Inspection & Adoption

After successful completion and inspection, the works may be adopted by the council into the public highway network.

Common Challenges and How to Avoid Them

S278 projects can quickly go off-track without proper planning. Here are common pitfalls and how to mitigate them:

  • Delays in design approval – Work with experienced consultants familiar with local authority requirements.
  • Inadequate traffic management plans – Plan early, especially if works affect busy roads or town centres.
  • Cost overruns – Ensure accurate cost estimation and engage a contractor who understands S278 compliance.
  • Lack of coordination – Early engagement with highway authorities and utility companies is essential.

Who Can Carry Out S278 Works?

Only contractors who are approved by the local authority and have the necessary accreditations (such as CHAS or Constructionline) can carry out S278 works. The contractor must have a proven track record in:

  • Working in live highway environments
  • Delivering to Highways England or local authority standards
  • Managing traffic and public safety
  • Coordinating with other utilities and authorities

Partnering with an experienced civils contractor who understands both the technical and regulatory sides of the process is key to a successful outcome.

Key Takeaways

  • S278 works are mandatory for developments affecting the public highway.
  • They cover everything from access roads to traffic signals.
  • Planning them early is essential to meet planning conditions and avoid delays.
  • The process includes design approval, legal agreements, bonds, and inspections.
  • Engage experienced consultants and approved contractors for a smoother process.

Conclusion

Section 278 works may not be the most glamorous part of a development project, but they are undoubtedly one of the most important. They ensure that your development integrates safely and legally with the public highway, supports long-term infrastructure, and meets all planning conditions.

Understanding the process and working with the right team can save months of delays, thousands in unforeseen costs, and ensure a seamless experience from concept to completion. Don’t leave your S278 strategy to chance – plan it with precision.

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