AQW 39556/22-27 Written question to the Minister for Infrastructure

To ask the Minister for Infrastructure whether she intends to introduce legislative reform to the Private Streets (Northern Ireland) Order 1980, to strengthen (i) enforcement timelines; (ii) bond adequacy requirements; and (iii) protections for residents.

Asked by Claire Sugden MLA on 2 February 2026

  • Answered
  • Written
  • After due date
Tabled
2 February 2026
Answer due by
17 February 2026
Answered
25 February 202623 days after tabling
Department
Department for Infrastructure
Priority question
No

Answer

On the 25th September 2025 I announced the introduction of the new Private Streets Enforcement Guidance. The guidance establishes a threshold for the initiation of enforcement action of 2 years following 80% occupation of houses in a development.

My Department has also published new developer information which amends the bond release thresholds. This change will enable my department to retain a larger proportion of the bond which provide the funds required to bring new developments roads infrastructure to an adoptable standard should enforcement action be necessary.

The new guidance, implemented alongside the changes to the bond release thresholds, will protect homeowners by greatly reducing the risk of new developments remaining unadopted.

It has to be remembered that all private streets sites are the responsibility of the developer until they are formally adopted into the public road network. However, my officials continue to engage with developers and encourage them to complete the sites to the required specification and proceed to adoption.

My Department may consider enforcement when a developer has defaulted through the issuing of a Notice under Article 11 of the Private Streets (NI) Order 1980, outlining the outstanding work, and allowing the developer to take action towards completion of the site within 28 days The developer has a right to appeal under Article 12.

In instances where there is non-compliance with the Article 11 Notice, my Department may take forward the necessary works and recover the costs under the provisions of Article 15 and adopt the road on completion of the work.

If the Developer does not pay costs as detailed in Department's request or the developer is no longer trading, the Article 15 demand is served to the appropriate Bank or Insurance Company acting as surety for payment of costs incurred in bringing the development to an adoptable standard.

If a site is not brought to an adoptable standard by the developer, and the funds in the bond are insufficient to complete the infrastructure to an adoptable standard, my Department is not funded to carry out such works. If the developer is no longer trading, the householders become the responsible person. If householders are willing to, they can pay for the works to compete to an adoptable standard.

There are no time limits under current legislation for a developer to complete a site.

Householders will be aware of the status of a housing development when going through the conveyancing process to purchase a property, through the details on a property certificate. All responsibility for a site, including the time frame to complete construction lies with the developer.

The contents of recent revised enforcement guidance are for the department to issue notices to a developer, 2 years after 80% occupation of a site.

Although there are no immediate plans to amend the legislation, the revised enforcement guidelines and uplift of bond calculation rates greatly enhance the department’s standing on the processing of unadopted private streets.

My Department will continue to communicate with and encourage developers to have sites brought to an adoptable standard at the earliest date.

Official sources