Sewer and road adoption information

If you live on a newer housing development, you may not know who is responsible for maintaining your roads and sewers. This page explains how adoption works, who currently looks after roads and sewers, and what this means for you, particularly if you live on a former Stewart Milne Homes development.

Who looks after roads and sewers

On new housing developments, roads and sewers are usually built by a private developer. Responsibility for maintaining them depends on whether they have been adopted.

• Public sewers are maintained by United Utilities
• Public roads (highways) are maintained by Cheshire East Council

Until a road or sewer is adopted, it remains the responsibility of the developer or landowner, not the council or United Utilities.

Adoption can only take place once the required legal agreements are in place and the infrastructure meets the correct standards.

Former Stewart Milne Homes developments

At the time Stewart Milne Homes entered administration, sites within Cheshire East were at different stages of completion. Some sites had sewer and road adoption agreements in place, while others did not.

Cheshire East Council and United Utilities are working together to understand the position at each site and to identify:

• whether Section 38 (road) and Section 104 (sewer) agreements exist
• what additional works are needed to meet adoption standards
• what options are available to progress adoption where possible

This work is set out in a site‑by‑site Action Plan.

Action plan documents

These documents show the current position and next steps for each development:

• Former Stewart Milnes Sites Action Plan Issue 5 (PDF, 95KB)
• Former Stewart Milnes Sites Action Plan Issue 6 (PDF, 65KB)
• Former Stewart Milnes Sites Action Plan Issue 7 (MS, Excel, 29KB)
• Former Stewart Milnes Sites Action Plan Issue 8 (PDF, 70KB)

Sewer adoption – Section 104 agreement

A Section 104 (S104) agreement is a legal agreement between a developer and United Utilities. It sets out:

• the standards the sewers must meet
• inspection requirements during construction
• any remedial works needed before adoption can take place

United Utilities manages all matters relating to sewer adoption.

For enquiries about sewer adoption or Section 104 agreements, contact United Utilities. 

Email: seweradoptions@uuplc.co.uk

Road adoption – Section 38 agreement

A Section 38 (S38) agreement is a legal agreement under the Highways Act 1980. It allows a developer to offer a new road to Cheshire East Council for adoption as a publicly maintained highway.

As part of an S38 agreement:

• the developer deposits bond monies with an appointed bondsman
• the bond can be used to complete unfinished roadworks if the developer goes into administration

This helps protect residents by ensuring roads can be brought up to an adoptable standard.

Check if a road is adopted

You can use the council’s check if a road is adopted page.

Why development can proceed without a Section 38 agreement

Developers building on private land are not legally required to enter into a Section 38 agreement.

Some developers choose to:

• keep roads private, and
• arrange ongoing maintenance through a resident‑funded management company

The decision to seek adoption must be made by the developer. The council cannot require a developer to:

• enter into a Section 38 agreement, or
• offer a private road for adoption

Where a Section 38 agreement is in place, the council inspects the works during construction to check they meet the required adoption standards.

Why development can proceed without a Section 104 agreement

United Utilities manages all matters relating to sewer construction and adoption.

For questions about how construction progressed without a Section 104 agreement, residents should contact United Utilities directly.

Use of bond monies

Bond monies are tied to specific legal agreements.

They can only be used for the works listed in that agreement.

They cannot be used to:

• fund works in another phase of a development
• fund sewer works covered by a Section 104 agreement

Bond monies cannot be transferred between Section 38 and Section 104 agreements.

Impact on property sales

Sewers must be adopted before roads can be adopted. If sewers cannot be brought up to an adoptable standard, the council cannot adopt the roads.

If you are experiencing difficulties selling your property because Section 38 or Section 104 agreements are missing, you should contact the solicitor who handled your purchase. They can advise you on:

• why the purchase proceeded without the required agreements
• what information or assurances were provided at the time