Private streets

What is a private street?

A private street is a street that Kent County Council does not look after. It can be a private road or a public road which has not been 'adopted' by us. This means we do not look after the road.

What is the difference?

Public roads we have not adopted are streets that the public can use. Vehicles, pedestrians and horses may be able to use the road. A private road is a road that the public do not have any right to use.

Can I park in a private street?

If you have the landowner's permission and there are no signs saying that you cannot park, you can probably park in the private street. You can park on public roads we have not adopted as long as you do not cause an obstruction.

How can I find out if the street where I live has any 'rights of way' over it?

We keep records of all public rights of way in Kent and can tell you about rights of way in your street. Sometimes, rights of way are not recorded and are recognised simply because people have been using the streets over a period of time. For example, when there are no private-road signs or gates and people use the street to get to other streets.

My street was adopted some time ago but I am still paying charges. How can I find out how much I owe?

You need to contact us. We can give you advice about payments, outstanding balances and any other related financial issues.

Buying a house in a private street

How will I know if the street I'm buying a house in is private?

Your solicitor will carry out a local search. This will tell you whether the street is private or looked after by us.

I'm thinking of buying a property in a private street. What will my responsibilities be?

Usually the people who own or live in the houses in a private street are responsible for maintaining it.

I'm buying a property in a street that has been improved and adopted by the council. Will there be any charges owed or outstanding?

Whoever owns the property when the work is carried out usually pays the costs. They will normally have to pay back any charges owed when they sell the property. Your solicitor will be able to tell you if there are any charges owed before you buy the property.

I'm thinking of buying a property in a private street. Will I pay less council tax or am I entitled to a rebate?

Council tax is used to pay for all the services provided, not just for maintaining roads and footpaths. If you do not use some of these services, it does not entitle you to a council tax rebate.

For example, someone who does not have any children still has to pay full council tax even though they do not use the education services that are available. The only way to reduce the level of council tax is to appeal against the house valuation band using the district valuer.

Repairs, maintenance and access

The private street I live in has potholes. Will you repair them?

We do not carry out repairs in streets we do not maintain. If urgent repairs are needed to make the street safe, we may ask you and the other residents to carry them out.

There is a bridge in our private street. Who is responsible for maintaining the bridge and does it need a weight limit?

You are responsible for maintaining bridges in your private street. We can insist on a weight limit if there is a public right of way over the bridge in the interest of safety.

Can we put a gate across our private street to stop the general public using it?

It depends if the public have a right to use your street. If there are any public rights of way, it will not be possible to put up the gate.

If you do put up a gate, it must not prevent the emergency services and refuse collectors getting to the street. You may need planning permission to put up the gate. Please contact your local planning authority for further advice.

Can we build road humps on our private street?

To avoid any legal action, such as someone claiming for damage to their car, you should make sure any road humps meet the Department for Transport's latest regulations.

Getting a private street adopted

I live in a private street and am interested in getting the street adopted. What do I need to do?

You and the other residents of the street will need to make sure any work that has or will be carried out in the street meets our standards.

To do this you need to:

• Set up a formal residents' association.
• Hire a competent engineer or consultant to give you advice.
• Hire a contractor who is familiar with carrying out street schemes.
• You and the other residents will have to pay all the costs involved.

What work would have to be carried out to bring a private street up to your standards?

We would assess what work is needed to meet adoption standards. This may include the following:

• The layout of the street, including footpaths, places to turn round, the width of the road, bends, slopes, visibility and junctions.
• How the road has been built and to what standards.
• Drainage proposals.
• The needs of service companies. For example, there may be pipes or cables that have to be moved or laid.
• Whether street lighting is needed.
• The needs of disabled people.
• Any changes required to property boundaries and driveways.

We would then let you know what work is necessary.

How much does it cost to bring a road up to adoption standards?

It can cost anything from £400 to £500 for every metre of road. If you have a frontage of ten metres, it would cost between £4,000 to £5,000.

How is the street adopted and who then looks after it?

When we are happy that the street meets our standards for adoption, we will put public notices up in the street confirming adoption. These inform people that it is now a publicly-maintained road. We would then be responsible for looking after it.

Can anybody object to the road being adopted?

Yes. For a period of 28 days after the notices have been put up, anyone can object. Objections are heard and resolved in the local magistrates' court. Magistrates can stop the adoption if they agree with the objections.