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Private Roads
Private Roads

What we do

Private Roads Services Ltd ("PRS") provides services to residents' associations and companies responsible for private roads and estates in England and Wales.

We offer our own insurance scheme, a book on the law, extensive online resources for members, and a "starter pack" for residents seeking to form an association or company.

FAQs on private roads

Q1.1 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, meaning that there is a public right of way for pedestrians.

Q1.2 Is there a difference between a private road and a private street?

  • A. There's no legal difference, though local authorities and others sometime use these terms as a matter of convenience to differentiate between (for example) roads with houses and roads without, or between through-roads and cul-de-sacs.

Q1.3 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 your local authority, 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.  Uncertainty about ownership of the road, or the existence of private rights of way, may cause serious problems for residents wishing to sell their house.  If you proceed, 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 probably find a copy of our book helpful on the legal background.

Q1.4 Does motoring law apply in private roads?

  • A. This depends upon the legal status of the road.  For a full explanation see Private Roads:  The Legal Framework, 4th ed.

Q1.5 Can't the local authority adopt our private road, so we no longer have to worry about it?

  • A. The necessary legislation is there, in Part XI of the Highways Act 1980, but it is rarely used nowadays. The reason is that it is unsatisfactory in a number of respects;  not least because it is complex and obscure, and so imposes a formidable burden on all involved, and because the cost of bringing a private road up to the necessary standard falls on the frontagers, who would in many cases regard it as prohibitive.

Q1.6 Can we install electrically controlled gates or a barrier, to stop the public using our road?

  • A. This raises several legal issues;  in particular, whether there is a public right of way for vehicles.  If so, the public right of way must not be obstructed, since this is an offence.

Q1.7 Can we force residents to pay the annual subscription to our residents' association?

  • A. Usually there is no way of forcing residents to pay.  And when there is a legal way of doing so, using it may cause lasting resentment and ill-will. Residents need to be persuaded that supporting the association is a good idea;  and the best way of persuading them is to show that the association is equipped with the necessary expertise, has things under control, and is doing a good job on behalf of residents.  Which is where PRS membership comes in: our aim is to supply that expertise.

Q1.8 We don't own "our" road. What can we do to obtain ownership?

  • A. There are several possibilities, and this subject is treated fully in our book and members' pages.  But in many cases it isn't possible to trace the owner or to register title.  Nonetheless, residents must look after the road themselves, if anyone is to do so.

Q1.9 Do we need to insure "our" road, if we are not the owners?

  • A. There is no legal obligation to do so;  but if you are looking after it then you may be held liable in the event of an accident.  So there is a good case for taking out public liability insurance, whether through our scheme or some other insurer - see our Insurance pages, and our FAQs on insurance for more information.

Q1.10 Our road is being threatened with development, which most residents oppose.  Can we do anything about it?

  • This is a complicated question.  The law - particularly the law on public and private rights of way - is dealt with fully in our book, and for members the practicalities are explained in our online guide, Managing Private Roads and Estates.

Last Updated: 14 March 2011