GuidesWho Is Responsible for the Road?

Who Is Responsible for the Road?

How to identify whether it's your local council, National Highways, or another authority responsible for maintaining the road where you were damaged.

4 min read
Updated 2026-01-12
Reviewed for UK law
Sources:legislation.gov.uk

At a glance

Local roads, B roads, and residential streets
Maintained by your local council
Motorways and major trunk roads in England
Maintained by National Highways
Trunk roads in Scotland and Wales
Transport Scotland and the Welsh Government respectively
Private, unadopted roads, and car parks
The landowner is responsible — you cannot claim against the council
Pavements next to public roads
Maintained by the highway authority, usually your local council

Understanding Road Responsibility

In the UK, different authorities are responsible for maintaining different types of roads. Getting your claim to the right authority is crucial — send it to the wrong one and it will simply be rejected or ignored.

Good news

Mac automatically identifies the correct highway authority based on the exact location of your incident, so you don't have to figure this out yourself.

Types of Highway Authorities

Local Councils

Responsible for most local roads, residential streets, and minor A and B roads within their area.

National Highways

Maintains motorways and major trunk roads (strategic road network) in England.

Transport Scotland

Responsible for trunk roads and motorways in Scotland.

Welsh Government

Maintains trunk roads in Wales, with local roads under council control.

Quick Reference: Road Types

M

Motorways (M1, M25, etc.)

National Highways in England, Transport Scotland in Scotland

A

A Roads

Major trunk A roads: National Highways. Other A roads: Local council

B

B Roads and Local Roads

Always maintained by the local council

Roads NOT Maintained by Councils

Some roads are not the responsibility of any highway authority. For these, you would need to pursue the private landowner directly:

  • Private roads and driveways
  • Unadopted roads (often in new developments)
  • Car parks (supermarkets, shopping centres, hospitals)
  • Industrial estate roads (unless adopted)
  • Roads within private housing estates

Not sure?

If you're unsure whether a road is publicly maintained, check with your local council or let Mac identify the correct authority for you.

Frequently Asked Questions

You can usually find this information on your local council's website, or by using their online mapping tools. Mac automatically identifies the responsible authority based on the location you provide.
Motorways and major trunk roads in England are maintained by National Highways (formerly Highways England). In Scotland, Transport Scotland is responsible. You'll need to submit your claim to them rather than the local council.
Unadopted roads are not maintained by the council, so you cannot claim against them. You would need to pursue the private landowner or management company responsible for the road. Many housing estates have unadopted roads during construction.
Private car parks, including those at supermarkets, shopping centres, and hospitals, are the responsibility of the landowner, not the council. You would need to claim against the business or landowner directly.
Pavements (footpaths) adjacent to public roads are also maintained by the highway authority, usually your local council. You can claim for damage caused by pavement defects, including injuries from trips and falls.

Related Guides

What Makes a Valid Pothole Claim?

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Section 41 of the Highways Act

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How Long Does a Claim Take?

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