Section 38 agreement copies
We can provide copies of a Section 38 Agreement (or associated documents) covering the road upon which your property is located.
This is only available where the road has not been adopted by the Highway Authority.
An adopted street is one the council looks after. This means it is part of the public highway and is maintained using public money.
You can check if a street is adopted by using the public web map. The map is free to use and shows which streets are publicly maintained.
To find adopted streets, you need to:
- open the public web map
- go to the Transport and Streets layer
- turn on the Highways Register option
Publicly maintained streets are shown with a green or blue line. If there is no line shown, the street is privately maintained.
If you need more detailed information about which parts of a street are publicly maintained, visit our highway status enquiries page.
To request a copy of a S38 Agreement/Deed of Variation or Advance Payment Code Notice and Bond (if applicable) please email: [email protected].
When we receive your request we will provide you with an electronic (pdf) copy of the S38 Agreement and associated plan. There is no fee for providing an electronic copy.
Please ensure you provide the full property address (including postal town)
Should you require a “Certified” copy of a Section 38 Agreement/Deed of Variation or APC Notice confirming that the copy is a true copy of the original Section 38 Agreement/Deed of Variation or APC Notice, then these are administered by Legal Services of West Northamptonshire Council and requests should be made to: [email protected].
Legal Services charge a fee for providing a “Certified” copy to reflect the cost of administration and copying incurred. The fees are set out below:
Charges
| Item | Charge |
|---|---|
| Copy Section 38 Agreement and plan | £36 (£30 plus VAT) |
| Copy Deed of Variation (please note that there may be more than one of these) | £24 (£20 plus VAT per copy) |
| Advance Payment Code Notice and Bond (if applicable) | £18 (£15 plus VAT) |
Legal Services accept payment by cheques (made payable to West Northamptonshire Council) or BACS payment.
Cheques should be sent to:
West Northamptonshire Council
Legal Services
One Angel Square
Angel Street
Northampton
NN1 1ED
It can take up to 7 working days for the “Certified” copy agreement to be provided to you from receipt of payment.
Complete a section 38 agreement
A section 38 agreement should be completed and submitted by the developer of the works.
Find out more about section 38 agreements.
Last updated 08 October 2025