any experts on new drainage regs?

[someonelse]

The Water Industry (Schemes for Adoption of Private Sewers) 2011 is now in force.

This relates to a private road with around 30 houses. Each property has drains running into a sewer down the centre of the road, leading to the mains sewerage system.

The road is owned by a management company, and in theory each property-owner is a shareholder, however due to poor initial legal drafting there is no obligation on owners to join, or to pay towards maintenance etc. Most owners DO contribute an annual fee, voluntarily, but a few refuse.

The issue now is that the drains need costly repair. The water company has stated that:

"the main sewer in XXX Road is classed as private, as the road forms a single curtilage, or legal boundary. This is normally outlined in the Deeds to your property and they may offer more information. You may find it useful to know that this type of situation is not uncommon for private roads."

We are hoping there may be some grounds to challenge the definition of the 'curtilage', particularly as 3 houses were built later than the rest and their Deeds have no mention of the management company. If they do not part-own the road, then their 'curtilage' must end with their property boundary (and thus the water company take over responsibility from there).

The private sewers transfer regulations guide helps but itself states that there is no legal definition of 'curtilage'.

https://www.gov.uk/government/publications/the-private-sewers-transfer-regulations

Unfortunately the Ofwat website says:

"The appeal process has now closed and we are no longer able to accept any further appeals relating to the transfer of private sewers, lateral drains or pumping stations."
http://www.ofwat.gov.uk/publications/transfer-of-private-sewers/

Any advice/information welcomed:

* regarding definition of 'curtilage' or other information relevant to the extent of water company's responsibility

* how best to identify a suitable expert to advise on contesting the water company's decision

* whether it's even worth spending limited money on an expert's help (or how to get an initial view on likelihood of success)

 

[freddiemercurystwin]

AFAIK when a road is unadopted the drains are the responsibility of the homeowners, you're arguing about semantics when you know you should be responsible. It's just a draw-back to living on a semi private road. These things often only crop up when it's reached this point ie a costly repair is required - be warned that the water company may be obliged to repair the problem to avoid damage to their own sewers and they will seek recompense. But you probably know that already.

 

[Ian H]

If they don't own it then whoever derives benefit from the damaged section will have to contribute. Basically, if you flush your toilet and your waste passes the damaged point you are part responsible. If you join after the damage, you are not responsible.

You will more than likely be covered by your buildings insurance.

What's the fault in the drain? Is it a very deep dig or something?

 

[freddiemercurystwin]

I don't think it works like that, I think the whole management company as a whole will be responsible for any repairs necessary anywhere on the system and for those downstream of the problem it will be tough luck.

 

[Ian H]

Good point X X X

I'm clueless about management company's. Just make sure the repaired section runs downhill

 

[^woody^]

but itself states that there is no legal definition of 'curtilage'.

In the context of that guide, it does not mean that the curtilage can't be defined, but that it can be hard to define what is within a property curtilage. In most cases, the curtilage is the property boundary. But legal ownership, access rights and use of buildings can play a part when there are several buildings of different usage and with different rights of access - say a mixed use site.

The water authority's responsiblity ends at the border between the the private land and public land. Then it seems, the land has been subdivided into plots.

So you need to revert to the ownership deeds to confirm ownerships and shared ownership, and responsibility and shared responsibility for the whole plot and the sub-divided plots. Ths may be explicit or it could be implied.

Use of the drain implies responsibilty for it and costs of maintenance. There are powers for the local council to enforce repair and payment by those upstream, using public sanitation law within the Building Act 84

 

[garyo]

Sounds like getting the road adopted might be easier than making a large number of solicitors more wealthy.