FAQ (Frequently Asked Questions)

Q1. Can individuals join PRS?

A. We're afraid not - our insurance scheme, and PRS membership, are for residents collectively, whether in the form of an association or a company (or, occasionally, some other form). Our largest members have hundreds of houses, and our smallest just a handful - we're very much open to small roads as well as large ones. If you don't have a residents' association or company, and want to "get organised" we suggest that you buy our Starter Pack, which includes our book, precedents and guidance notes - all you need to get an association or company started.

Q2. How can I tell whether a road is private?

A. The highway authority - usually the County Council - keeps a statutory list of "highways maintainable at the public expense". If the road is on this list it is not a private road. If it isn't on the list, it is almost certainly a private road; though it may nonetheless be a highway for one or more classes of traffic, e.g. a footpath, with a public right of way for pedestrians.

Q3. Is there a difference between a private road and a private street?

A. No, though local authorities and others sometime use these terms to differentiate between (for example) roads with houses and roads without, or between through-roads and cul-de-sacs.

Q4. Is it possible to convert a public road into a private one?

A. Yes. This involves an application by the local authority to a magistrates' court for a "stopping up" order, so you will need (Step 1) to make contact with them and see whether they are open to persuasion. (NB that if they are, you will have to pay them to make the application.) Then (Step 2) you will need to consider what will happen when the road is "stopped up". The road will revert to its previous owner, and public rights of way will cease. Who will be the owner? Will residents have private rights of way, which will be necessary once public rights of way have been removed? You will need to be clear about the answers to these questions before asking the local authority to go ahead. You will probably need the assistance of a good local solicitor. Since there is not a great deal we can do to help either with Step 1 or with Step 2, we don't offer PRS membership to residents' associations in adopted (i.e. public) roads who want to "go private". But you will find a copy of our book helpful on the legal background.

Q5. Why haven't you replied to my email or phone call?

A. We're sorry that we can't reply individually to all of the many emails we receive from members of the public asking for help and advice. Our public pages contain a good deal of background information, and these FAQ provide the answers to the most frequently-asked questions.

Q6. Does your book contain the answer to the problem which I have?

A. Please see the Table of Contents, which gives a good idea of what the book covers. If you'd like to see the book before buying it, we suggest obtaining a copy from your public library - the current edition is the 4th.

Q7. Has the law changed much since the last edition of your book?

A. The law is changing, and becoming more complicated, all the time. Like all legal books, ours starts to become out of date as soon as it is published! It's not wise to rely on an old edition.

Q8. How can I find a firm of solicitors who understand the particular legal problems which arise in private roads?

A. Personal recommendation is often the best route to a good solicitor. Failing that look for a firm which is medium-sized or large, rather than small. A firm which has acted in the past for developers, or for local authorities, may have experience of the law relating to private roads, and so be well-placed to assist.

© PRS Ltd 2009