Road Bond and Inspection Fees
For a residential development of more than two houses, the developer must lodge a security, in the form of a road bond or deposit in favour of the Roads Authority to cover the cost of providing the roads to the standard set out in the Road Construction Consent (RCC).
The road bond is intended to protect prospective house purchasers from having to arrange completion of roads to adoptable standards in the event that the developer is unable to do so. The security must be lodged prior to commencement of any building works.
This is in accordance with Section 17 of The Roads (Scotland) Act 1984 and The Security for Private Road Works (Scotland) Regulations 1985, as amended by The Security for Private Road Works (Scotland) Amendment Regulations 1998.
The road bond is calculated from quantities of drainage, carriageways, footways and street lighting. As part of the RCC application, the developer shall supply East Lothian Council with these details in the format shown in our road bond calculation table.
The road bond will be released in three stages:
- When the road has been completed to binder course and other major features such as drainage infrastructure has been installed
- When an application for inspection (on substantial completion) of the road and other related works has been approved
- On expiry of the maintenance period or addition to the list of public roads
Section 140(6) of The Roads (Scotland) Act 1984 entitles a Roads Authority to recover expenses reasonably incurred in inspecting work to which a Road Construction Consent (RCC) relates.
RCC inspection fees will typically equate to £64 per £1,000 of road bond value - i.e. for a road bond of £100,000, the inspection fee would be £6,400.
Payment of the inspection fee will be split into smaller equal parts reflecting key milestones within the construction phases. An invoice will be issued at each key milestone.