Bond figure for a Section 38 scheme

Request

1. Please can you provide your fees and information for the following items:

 

A: Bond Calculation

i) Please confirm how you calculate your bond figure for a S38 scheme and provide any figures you use for the calculation.

For instance, many authorities have figures for some, or all, of the following to use in their calculations - please provide these where you have them

 

Type - Price (per linear metre - please state if different))

7.3 metres carriageway

6.7m carriageway

6m carriageway

5.5m carriageway

5m carriageway

Single Footpath

Double Footpath

3m Cycle Way

Street Lighting

 

Example: 6.7m carriageway - £1495.73

 

ii) In what year were your figures last updated?

 

B: Section 38 Fees

 

i) What % of the bond/total works value do you charge to cover your fees for the Section 38?

ii) Is this calculated by yourselves using the Bond or in house works values (please state) or do you use the developers BoQ/valuation for the works value?

iii) Do these fees cover all of your admin, technical review, legal and supervision works associated with that Section 38 or are there additional charges for any of these services?

iv) If there are additional fees, i.e. for Legal services, please state what these are and what the charge/rate is for them?

 

C: Commuted Sums

 

i) Please can you provide a list of your commuted sum items and their associated rates

Decision

1.

 

A:

 

i) Bond figures are calculated according to the approved drawing package and estimated cost of works based on Lincolnshire County Council's (LCC) rates with the term contractor. Material rates are calculated by volume for granular materials, and by area for specific types of pavement construction. Street furniture such as street lighting is calculated per item.

 

ii) The last update to rates was in 2024.

 

B:

 

i) The fee we charge is 8% of the total bond value.

 

ii) The fee is calculated in-house.

 

iii) The fee covers all costs except for legal fees.

 

iv) An additional fee for legal costs is charged per Section 38 agreement, currently this is £830.

 

C:

 

i) LCC do not hold a list of commuted sum items and rates. Information on commuted sums is available at the following link under the header "Maintenance payment": https://www.lincolnshire.gov.uk/adopting-improving-roads-footpaths/using-right-legal-agreement.

Reference number
13965561
Date request received
2 October 2025
Date of decision
22 October 2025