"Water Worries Down The Drain?"
• The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 brings about changes to the ownership and responsibility for the underground pipework currently known as lateral drains and private sewers.
• The Current Situation
Summary of the current situation. Foul sewage and surface water leave your property (be it residential or commercial) along a private drain and will then enter the public sewer immediately, or a shared private sewer leading to the public sewer, or a lateral drain which in turn either directly reaches the public sewer or does so via a shared private sewer. Users of private drains, shared private sewers and lateral drains currently have responsibility for their maintenance and repair, whereas the water companies are responsible for the public sewer.
• The Changes from 1st October 2011
Summarises the changes and those matters which are not affected by the Regulations. Private sewers and lateral drains will be brought into the ownership and responsibility of sewerage companies. Property owners will continue to be liable for private drains, private cesspits and private pumping stations.
• The Worries Drain Away.....
Highlights the benefits of the changes as to ownership and responsibility of drains. Neighbour disputes may have occurred in the past about who should be liable to maintain and repair shared private sewers and lateral drains particularly where the title deeds are silent as to their ownership. Now, the sewerage companies will automatically be responsible, which will save us having to agree and organise often costly emergency repairs when problems occur.
• ....But are there Blockages in the Worry Drains?
Discusses the negative effects of the Regulations. For example, there will be higher bills as a result of the extra work the water companies will be taking on. Also, the companies have statutory rights which mean firstly they can enter your land at any time for inspection and repair of their drains and sewers and secondly you will have to obtain their written consent before you can build close to or on top of their drains and sewers where they are situated under your land.
• Your Options and Matters for which you should seek Legal Advice
Highlights the limited grounds on which you may attempt to appeal against the transfers of sewers and drains under your land and recommends legal assistance if you require a 'building over' agreement. Also notes that the transferred pipework could affect the value of your land as there will now be public assets underneath it subject to the statutory rights mentioned in (iv) above. This can therefore affect your plans for your property and impact on purchases and mortgages of land. It will take the sewerage companies some time to map all of their new drains, but once this has occurred their routes will show on water search results carried out by legal advisers.
Contact:
Gemma James, Partner, Mundays LLP: 01932 590 645 gemma.james@mundays.co.uk www.mundays.co.uk
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