Persimmon and road adoption bond

[tanagra]

Hi All,
Newbie to the forum. My fiancée and I are currently in the process of completing a purchase on a 2 year old Persimmon home on a development which included 4 of the top national home construction firms. From the local searches, we’ve learnt that they (Persimmon) have not paid a bond to the local council for road adoption, and although the development is now around 3 years old, the roads and sewers still haven’t been ‘taken up’ by the local council and water authority. Admittedly, Persimmon has only (in the last 6 months) completed the last couple of houses on the site. I was wondering whether the non payment of bond might constitute a risk for us in the long term and when, typically you can expect builders/councils to complete the roads and sewer adoption. Does anyone find themselves, or have found themselves in similar circumstances?
Thanks folks

[puresemen]

Sounds like a description of the development that I live on. Where are you looking to buy? Not Witney by any chance?

[tanagra]

This development is in South Wales, just west of Cardiff. Maybe it's 'normal' practice for Persimmon not to pay adoption bonds in advance?

[Littleblackcat]

tanagra - The normal process for getting roads and sewers adopted is for the developer to enter into a legal agreement (under S38 of the Highways Act and S104 of the Water Industries Act) with the highway and water authority before they start work. Both agreements will normally require a bond to be held which the authority can call upon in default of the developer finishing the work satisfactorily. However, there is no obligation for the developer to enter into an agreement so there are other ways in the Acts (S37 for roads and S102 for sewers) which enable the developere to complete the works and then ask the authorities to adopt them after completion. If there is no bond in place, it is likely that Persimmon have followed this latter route.

Taking the roads first, the local highway authority will inspect them and ask the developer to fix all the things which are wrong with them (snagging) before they get adopted. It is in the interest of the developer to do this as they remain liable for any repairs and (arguably) damage to cars or people tripping up until they are adopted. The adoption procedure is reasonably straightforward but can be long-winded (but so can it be for a S38 adoption as well). Check with you local council's highway department to see whether Persimmon have sought adoption and what the status of the roads is. It may be that they are simply waiting for the whole development to be complete before fixing the last of the 'snags'. I would be very surprised if Persimmon want to retain the roads as their responsibility - and they can't force the frontagers to take them on as they still own the freehold title to the land under the roads (this will be registered at the land registry).

Going on to the sewers, again I would be surprised if Persimmon want to hold on to the responsibility for their maintenance in perpetuity. Check with Welsh Water to see if they have offered them for adoption. There will be two systems (one for foul water and one for surface water), but Welsh Water will only adopt 'public sewers' which serve more than one property. You are responsible for the drains which connect your house into the sewers in the road. Again, Persimmon may be waiting for the whole development to be completed before doing the snagging, but I would be surprised if they haven't already talked to Welsh water about their adoption.

The adoption of roads and sewers can take up to 10 years if the authorities are pedantic about snags and the developer has lost interest in the site, but it will happen eventually.

[tanagra]

Thanks very much littleblackcat. The information you've given me is very helpful. Best wishes

[ruthandrews1]

I would not hold your breath. We lived on the Briarsmount estate in Stockport for seven years and the roads and the drains have still not been adopted.

We would not by another persimmon home, due to other reasons, but i would not hold out much hope of then doing what is required.

[BrianAppleton]

[QUOTE=tanagra;2205]Hi All,
Newbie to the forum. My fiancée and I are currently in the process of completing a purchase on a 2 year old Persimmon home on a development which included 4 of the top national home construction firms. From the local searches, we’ve learnt that they (Persimmon) have not paid a bond to the local council for road adoption, and although the development is now around 3 years old, the roads and sewers still haven’t been ‘taken up’ by the local council and water authority. Admittedly, Persimmon has only (in the last 6 months) completed the last couple of houses on the site. I was wondering whether the non payment of bond might constitute a risk for us in the long term and when, typically you can expect builders/councils to complete the roads and sewer adoption. Does anyone find themselves, or have found themselves in similar circumstances?
Thanks folks[/QUOT

[BrianAppleton]

raag-online.org.uk

[alisonwyatt]

I know its been a while since you wrote this but noticed that you used to live on Briarsmount, Stockport. We are in the process of purchasing a property on Briarsmount and just wondered if you had any issues/comments about living there? Thanks