What are private roads?

Public roads - the roads on which everyone drives to and fro - are public in the sense that:

They belong to the local authority (usually the County Council)
The local authority is under a duty to maintain them
They are highways (specifically, carriageways, meaning that there is generally a public right of way for all classes of traffic).

Private roads (also known as "unadopted roads") are different in that they don't belong to the local authority, and the local authority is not under a duty to maintain them. But a private road may nonetheless be a highway for one or more classes of traffic. A private road can become a highway through use by the public over a period of time. Private through-roads sometimes become highways in this way, though private cul-de-sacs rarely do so. (Whether a public right of way exists for mechanically propelled vehicles depends also upon the effect of Part 6 of the Natural Environment and Rural Communities Act 2006, which came into effect on 2 May 2006. This extinguished public rights of way for mechanically-propelled vehicles in many private roads.)

There are thought to be at least 40,000 private roads in England and Wales. There are many in the Home Counties - Surrey, for example, has more than 2,000 - but other parts of England and Wales also have substantial numbers. Some are ancient; many reflect suburban development in the late-nineteenth to mid-twentieth century period; and many modern developments are built around private roads, for the benefits which they confer. The ownership of older roads is often unknown, though residents may be able to register title.

Since residents cannot look to the local authority to maintain their road, they must do so themselves. Residents usually form an association or a private company, collect contributions, organise maintenance and deal with other issues such as insurance, parking, tree surgery, rights of way etc. Some private roads are organised in a very formal way, others very informally. This is a matter of choice; but a degree of organisation is essential if the benefits of private status are to be enjoyed and problems avoided. Generally, a company will be a better option than an unincorporated residents' association, especially if it is to own the road.

Are private roads a "good thing"? In many ways, the answer is "Yes". Residents in a private road may enjoy:

Some control over their immediate surroundings, perhaps including the ability to regulate development by granting or refusing new rights of way, and/or parking.
Increased amenity and security.
A measure of exclusivity, and hence enhanced property values.

These advantages are usually well worth the effort and cost of looking after the road. Private roads remain popular, and developers often lay out new houses in roads which will reman private.

If you are thinking of buying a house in a private road, your solicitor will be able to check whether there is an active residents' association or management company, and if so how it works and what obligations and rights residents may have. If there is an active and well-run association or company (particularly one which is a member of PRS!) you can usually buy with confidence. If not, a degree of caution may be wise, in view of the problems which may arise in the absence of proper organisation.

If you'd like to know more about private roads, you may be interested in our book, Private Roads: The Legal Framework, now in its 3rd edition, or the range of services which Private Roads Services Ltd offers to residents' associations and management companies in private roads, to help them operate effectively and economically - see our Why you should join PRS page for full details, or you can ask for our information pack.

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