getting permission for building over a sewer

[fireguard1]

Hi there
I wonder if you can help?

When planning an extension near to an existing sewer, whose responsibility is it to actually apply for and get the necessary permission from the water company? Should it be the building contractor or the owner?

 

[fireguard1]

Or is it the architect involved?

 

[freddiemercurystwin]

It varies but usually the designer and ideally before the first sod is turned. That said this can be a complex subject.

Is there some finger pointing going on?

 

[fireguard1]

well, we're selling the house. We had 2 extensions done both drawn up by same architect. We have the correct paperwork for one extension but not for the second. The water authority can't find evidence of the paperwork for this particular extension, but it was a large local building firm who did it - can't really believe they wouldn't have proceeded without it though. Architect has now retired. Indemnity insurance is going to cost us £546 if there is no paperwork!

 

[freddiemercurystwin]

Did the extension get Building Control Approval?

 

[fireguard1]

yes

 

[jeds]

Were these always adopted sewers or were they adopted under the adoption regs.

 

[fireguard1]

ummm, haven't got a clue. We moved in in 2005, haven't been told anything about the sewers at all. The sewer is only connected to one other house, a neighbour, if that helps.

 

[jeds]

Given that your sewer only serves two houses there is a very good chance they were private drains before adoption on 1 October 2011. If they were, and your extensions pre-date sewer adoption, then no permissions would have been needed. So you need to find that out?

 

[fireguard1]

That's interesting - but we did need to get such permissions for the other extension - both are similar distances from the sewer - just at different ends of the house.

 

[jeds]

OK. As a minimum your architect should have advised you that permission was necessary. Beyond that it depends what you agreed. The way I approach it is to include it in my standard terms and conditions which clearly spells out the rules. I also offer to take care of it for a fee. If I'm instructed I do the searches, prepare plans and application etc and get it sorted. If I'm not instructed and it goes t1ts up then it's obviously down to the client. There are grey areas. Sometimes drains are not obvious and they don't always appear on sewer authority plans. It does happen that you don't know a sewer exists until the digger pulls a joint apart. But if it's obvious and the architect didn't mention it then he's an idiot and if I were you I'd kick his arse.

 

[fireguard1]

Hmm. Bearing in mind that the same architect was used for the 2 extensions at the same property, within a similar distance from the sewer, I would have expected that the needs for permission would have been the same. For one extension, all the paperwork is there. For the other it is not. I think I feel that some a**e kicking is called for.
Thanks jeds

 

[nickjb]

I would have expected that the needs for permission would have been the same.

Not if they weren't built at the same time. Were they?

 

[freddiemercurystwin]

I don't think the OP means the same Build Over, they mean similar situations under which the extensions were built.

 

[fireguard1]

correct, freddymercurystwin!