The Advanced Payments Code (APC)

The Advanced Payments Code (APC) is part of the Highways Act 1980. It helps the Council make sure there is enough money to finish a new road if work is not completed properly. This applies when new buildings are next to a private road.

APC Notices

The Council will send an APC notice within six weeks of approving the building plans. This is sent to the person or organisation that received building regulations approval. This may not be the landowner. The notice explains how much money must be paid or secured before any building or site work starts.

APC Deposit

The notice will show the APC deposit needed for each building. This money could be used by the Council if it has to complete the road. The deposit also includes the Council's administration costs.

The deposit is worked out by:

1. Measuring the length of all properties along the road.

2. Calculating the cost of building the road using Council rates.

3. Dividing the total road cost by the total frontage length.

4. Measuring each plot that is covered by the APC.

5. Using those measurements to calculate the amount needed for each plot.

The Council's rates include administration costs and are reviewed from time to time.

Securing the Deposit

Before work starts, the landowner must do one of the following:

• pay the APC deposit to the Council

• provide a security to cover the deposit

• enter into a Section 38 agreement with the Council

Building work and site preparation must not start until the APC requirements are met.

Right of Appeal

The person who receives the notice, or the landowner, can appeal within one month. The appeal is made to the Secretary of State. The Secretary of State may decide that a smaller amount should be paid.

Exemptions

Some developments do not have to follow the APC rules. Some exemptions happen automatically. Others can only be given by the Council.

Getting the Deposit Back

The Council will return the APC deposit when:

• an exemption has been granted, or

• the private road has been adopted as a public highway

The money will be returned to the person who paid for the road works. If that person is not the current landowner, the Council must first give the landowner a chance to comment before releasing the money.

The Council will consider any comments received. It is a good idea to make clear in any plot sale agreement who should receive any future refund.

Legal Action

If work starts without meeting the APC requirements, the Council may take legal action.

After an APC notice has been issued, Council officers will inspect the site regularly. They will check that the rules are being followed and will record any problems.

If a breach is found, the Council will send a warning letter asking for work to stop immediately. More inspections will then take place.

If the rules are broken again, the Council may begin prosecution proceedings. Each breach is treated as a separate offence.

The landowner or the person carrying out the work may be prosecuted. If found guilty, they may have to pay a £1,000 fine for each breach.