If you need to build a new road or extend an existing road, it is a legal requirement to apply for Road Construction Consent (RCC).
Section 21 of The Roads (Scotland) Act 1984 states: a person other than a roads authority must obtain the local roads authority’s consent before starting work to construct a new road or extend an existing road. This consent is referred to in this section, and in sections 22 and 23 of this Act, as “construction consent”.
Under section 22 of the Roads (Scotland) Act 1984, anyone who is not a roads authority and constructs or extends a road without construction consent commits an offence. This offence may be prosecuted either summarily or on indictment.
Roads construction consent application
Before starting your application form, ensure you have familiarised yourself with the information throughout this page.
Draft roads construction consent & request for road bond
When the submitted drawings are considered satisfactory then the draft RCC will be issued with the request for Road Bond and Draft Road Bond. The documents are forwarded by email to the applicant and consultant engineer.
A RCC application with 6 or more representations contrary to the officer recommendation must be determined by the relevant Area Committee.
Road bond
The submission of a Road Bond to cover the costs of the works covered by the RCC is a requirement of Section 17 of The Roads (Scotland) Act 1984 and The Security for Private Road Works (Scotland) Regulations 1985 (as amended). Registered
Housing Associations and works carried out on behalf of Fife Council Affordable Housing are exempt from the requirement to lodge a Road Bond. However, if the RCC has been granted to a preferred contractor, a letter of comfort is required from the Registered Housing Association or Fife Council Affordable Housing confirming they will arrange for the works covered by the RCC to be completed should the preferred contractor fail to do so.
Fife Council requests the submission of a Road Bond (including for non-housing roads) prior to the RCC being granted.
The Road Bond must be provided by a Surety backed by a UK based bank or insurance company. The bond value can be reduced in stages per regulations. Alternatively, a cash deposit can be lodged with Fife Council. The cash deposit will be held in a separate account. The cash deposit can be reduced in stages per regulations. On adoption of the works, the remaining cash deposit will be returned with accrued interest to the provider.
Grant roads construction consent
The RCC will be granted after the Road Bond is lodged with Fife Council.
RCC site inspections
A standard condition of a RCC is the developer shall always allow the Head of Planning, Climate & Sustainability Services’ staff access for the purpose of inspecting the works and shall meet the Council’s costs of inspection based on time spent on site.
