If a new-build estate has unfinished roads, missing street lighting, poor drainage or utilities that were promised but are not connected, do not assume the council must fix it. First document exactly what is missing, then require a written completion plan from the developer, check the planning and adoption agreements, and direct each complaint to the organisation that controls that part of the work. In England, the developer or landowner commonly remains responsible for private roads and estate infrastructure until the relevant road or sewer is formally adopted.
Start by defining the problem
“The roads are not finished” can describe several legally different situations. A road may be physically incomplete, complete but still unadopted, or intentionally private. A utility may be absent because the developer has not installed its infrastructure, because the provider has not made a connection, or because a connection exists but is unsafe or defective. Your remedy depends on which of those facts is true.
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- Physical completion: the carriageway, pavement, lighting, drainage or utility infrastructure has not been built to the approved design.
- Connection: the infrastructure exists, but water, sewerage, electricity, gas, broadband or another service is not connected or commissioned.
- Adoption: a highway or sewer has not yet been taken over for public maintenance, even though homes are occupied.
- Maintenance: a private road or shared area needs repair and the title or management arrangements determine who pays.
- Council service: the authority has failed to explain its position, respond to reports or handle a complaint properly.
Deal with each category separately. The planning authority, highway authority, building-control body, utility company, management company and developer may all be different organisations.
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Create one chronological file for the estate and one record for your own property. Include the address or plot number, the date each problem was observed, photographs and videos, and the effect on access, safety, drainage, parking or saleability. Record whether the issue affects one home, a phase or the whole development.
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Collect the documents that can establish an obligation:
- Sales particulars, brochures, reservation material and emails describing roads, pavements, lighting, drainage or utility connections.
- Your contract, title register, transfer, lease or freehold documents, estate-management agreement and service-charge provisions.
- Search results and replies obtained during conveyancing.
- The planning permission, approved plans, planning conditions and any section 106 agreement or other planning obligation.
- Any notice referring to a section 38 highway agreement, section 104 sewer agreement, bond or technical approval.
- Letters from the developer, council, water company, electricity or gas network, broadband provider and management company.
A sales promise may support a contractual claim, but it is not automatically a planning obligation. The documents and the law of the part of the UK where the site is located determine what can be enforced.
Identify who controls each part of the work
| Problem | First organisation to contact | Document or question to identify |
|---|---|---|
| Unfinished carriageway, pavement or lighting | Developer, then the local highway authority | Approved highway design; whether a section 38 agreement and bond exist; outstanding technical works |
| Road is usable but not adopted | Local highway authority and developer | Adoption status, requirements still outstanding and interim maintenance responsibility |
| Drainage or sewer not complete | Developer and regional water/sewerage company | Section 104 sewer agreement, inspection results and remedial works |
| Water, electricity, gas or broadband not connected | Developer and the relevant network or service provider | Connection application, infrastructure completion, appointment date and fault reference |
| Planning obligation appears unmet | Local planning authority | Condition or section 106 requirement, trigger, deadline and enforcement position |
| Shared private road or estate area | Management company, landowner or the party named in the transfer | Maintenance covenant, rights of access, service-charge mechanism and insurance |
| Poor council communication or complaint handling | Council corporate complaints team | Complaint reference, response stage and remedy sought |
This prevents a common error: asking the planning department to repair a private road, or asking a utility company to enforce a planning condition.
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Require a written completion plan from the developer
Write to the developer’s customer-care or project team and copy the site manager and management company where relevant. List each unfinished item separately. For every item, ask:
- What work remains and which company or subcontractor is responsible?
- Which approved drawing, planning condition, section 106 obligation, section 38 or section 104 agreement, contract term or transfer provision applies?
- What approval, inspection or connection is still awaited?
- What is the planned start date, completion date and date for final inspection or adoption?
- Who will maintain the item and keep residents safe until completion?
- What contingency applies if the stated date is missed?
Ask for copies of the relevant agreement or its reference number, subject to legitimate confidentiality restrictions. Keep the message factual, set a reasonable response deadline and retain proof of delivery. A council’s estate guidance advises residents generally to raise unfinished roads and similar concerns with the developer first.
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Do not accept “the council is dealing with it” as a complete answer. Ask which council service, officer or agreement is involved and what action has actually been taken.
Check planning permission and enforcement
Obtain the approved requirements
Ask the local planning authority for the decision notice, approved plans, relevant conditions and any section 106 agreement or other planning obligation. Identify the exact requirement: for example, a junction before occupation, a footway before a phase opens, a drainage scheme, landscaping or a financial contribution.
Planning permission and building-control approval are separate regimes. Building control checks compliance with building regulations; it does not replace planning enforcement and does not prove that an estate road has been adopted.
Report an unmet obligation concisely
Send the authority a short written report with the site address, plot or phase, the requirement you believe is unmet, photographs, dates, and the developer’s response. Ask the authority to confirm whether the requirement is discharged, outstanding, triggered by occupation or subject to a revised timetable.
In England, an authority may have contractual or statutory routes to enforce a section 106 obligation, require works or recover appropriate costs. Enforcement is generally discretionary: residents can provide evidence and ask for action, but cannot compel the authority to use every available power or guarantee a particular construction result.
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Find out whether the road is adopted
Ask the local highway authority in writing whether the road is a public highway. If it is not adopted, ask:
- Whether a section 38 agreement under the Highways Act 1980 is in force.
- The agreement reference, bond or other security, and the works covered by that security.
- Which technical drawings, inspections and remedial works remain outstanding.
- Whether a completion certificate or maintenance period is required before adoption.
- Who is responsible for potholes, lighting, gritting, signage and emergency access meanwhile.
A section 38 agreement provides a framework for a new road to become a public highway after specified requirements and any date in the agreement are met. It does not mean the road is already adopted. Department for Transport advice for prospective buyers says: “Those planning to purchase homes may wish to ask their legal advisors if a ‘Section 38 Agreement’ is in place.”
Occupation of homes does not automatically transfer responsibility to the council. On many estates, the developer or landowner remains responsible until adoption; a private-road management arrangement may apply instead. The agreement can also specify when public maintenance begins, so obtain the actual document rather than relying on estate rumours.
Investigate sewers and other utilities separately
Sewers and drainage
Road adoption and sewer adoption are distinct. Ask the water and sewerage company whether a section 104 agreement exists, whether inspections have passed, what remedial work is outstanding and when adoption is expected. A section 104 arrangement covers standards, inspections and remedial works before a sewer is adopted. Missing sewer adoption can delay road adoption, but a road bond does not necessarily cover sewer works; each security is limited to the agreement that created it.
Ofwat’s English adoption framework explains the provider’s role, but the exact process and responsible company are site-specific. Ask for a written status and reference number.
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Water, electricity, gas and broadband
Contact the relevant network or service provider for the connection status, infrastructure-completion date, appointment history and fault reference. Copy the developer because the House of Commons Library describes the developer as responsible for ensuring estate utility connections and that works meet industry standards. A provider may still need to investigate a particular connection fault, so identify whether the defect is on the estate network, the individual service or the provider’s wider system.
Keep utility complaints distinct from planning reports. A planning condition may require a connection or infrastructure, while only the provider can test, commission or repair its network.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Use the council’s complaint process when service has failed
If the authority has not explained the adoption position, ignored evidence, communicated poorly or mishandled your report, use its published corporate complaints procedure. State the service failure, dates, unanswered questions and remedy sought. Attach the earlier correspondence and ask for a clear action owner and timetable.
After completing the relevant local stages, check whether the Local Government and Social Care Ombudsman can review the council’s handling. A decision issued on 18 December 2025 concerning North Northamptonshire Council upheld a complaint about poor communication and the absence of a clear plan on an incomplete development. It illustrates scrutiny of council service, not an automatic order requiring a developer to finish construction.
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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsAn Ombudsman complaint is therefore not a substitute for a private contractual claim, a planning-enforcement request or a utility fault investigation. It addresses eligible fault in the council’s service and any resulting injustice within the Ombudsman’s powers.
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Protect your contractual and financial position
Ask the conveyancer who handled your purchase to explain the title, transfer, service-charge, access, road, drainage and utility documents. If an intended sale is delayed because section 38 or section 104 paperwork is missing, ask that solicitor to identify the precise document and risk. The Department for Transport advises independent legal advice about adoption agreements and purchase terms.
Do not withhold an estate charge, refuse access for essential works or commission expensive communal repairs without legal advice. The documents may impose payment duties even while infrastructure remains private, and the available sources do not establish a universal consumer right to stop paying. Likewise, do not assume that a bond can be claimed directly by residents; ask the highway authority or water company who can call it and for which works.
Where a promised feature is contractual rather than planning-related, a solicitor can assess evidence of the promise, breach, loss, limitation periods and any dispute-resolution clause. That is separate from asking a council to enforce planning controls.
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- Days 1–3: photograph and describe every missing item; check immediate safety and access; assemble contracts, plans, conditions and transfer documents.
- Days 3–7: send the developer an itemised letter requesting responsible parties, agreement references and dated completion milestones.
- Week 2: ask the planning authority for approved requirements and report any specific unmet condition or obligation.
- Week 2: ask the highway authority about adoption, section 38, bond scope, outstanding works and interim maintenance.
- Week 2: contact the water/sewerage company about section 104 and contact each other utility provider about its connection.
- After a service failure: use the council’s formal complaint stages, preserving every response and reference number.
- If saleability, money or legal rights are affected: obtain a written review from your conveyancer or another independent property solicitor.
England is the focus, not the whole UK
The procedures above reflect English planning, highway and water-adoption arrangements. The House of Commons Library notes that different legislation applies in Scotland, Wales and Northern Ireland, and local authority structures also differ. Before relying on a section number or complaint route outside England, confirm the nation, the highway authority, the water company and the site’s actual agreements.
What a successful outcome looks like
You should end up with a written description of each defect, the organisation responsible, the document creating the obligation, the work still required, the inspection or connection milestone and the next date for an update. That paper trail lets you pursue the developer, planning authority, highway authority, utility company, management company or Ombudsman on the issue each one can actually control, instead of treating an entire unfinished estate as one undifferentiated complaint.
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