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. To
enquire about adoption and status use our
online form (link opens in a new
window).
What is the difference?
Public roads we have not been 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 obstruct the road.
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?
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 we provide 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.
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
looking after the bridge and does it need a weight limit?
You are responsible for bridges in your private street. We can
insist on a weight limit if there is a public right of way over the
bridge.
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.
If you do put up a gate, it must not stop the emergency services
and binmen getting to the street. You may need planning permission.
Please contact your local planning authority for 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 in private
streets meet the Department for Transport 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 been 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;
and
- 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. This includes 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 providers. For example, there may be pipes
or cables that have to be moved.
- What street lighting is needed.
- The needs of disabled people.
- Any changes 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 your
standards?
It can cost about £400 to £500 for every metre of road.
How is the street adopted and then who looks after it?
When we are happy that the street meets our standards for
adoption, we will put public notices up in the street. These tell
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 28 days after the notices have been put up, anyone can
object. Objections are heard in the local magistrates' court.
Magistrates can stop the adoption if they agree with the
objections. |