Build over agreement - Nor not?

[JEFFERY POOLE COLE]

Hi,

I would really like some help with this. The next door are having a huge conservatory built. The build will be right up to our border and the construction company is Anglian. There was already an extension built on site and they have demolished this and now dug out footings for a much heaver and substantial building. The old conservatory was built about 1998 and was built directly over the shared sewer. The sewer egresses through our property and has causes regular blockage problems. We have to sort out any blockage problems with the water board - who have been excellent.

The reason I`m writing this post is that I don`t want the matter to run away from me. I want to keep control of it. The planning for the new conservatory has a proviso inserted by the Water Board into the permission that they should not build within 3 m of a public sewer. Anglian have now completed the ground work. All of the sewer lies under the conservatory and the 3m condition means that 3m of the sewer that they should not have built over is under our patio. The sewer is very, very close to our foundations. Anglian have done no modifications to the sewer. From what I can see, all of their waste water and sewage seem to drain into a single drain that is stuck in a corner of the property. Access to it with equipment will be very difficult.

I don`t know if they have a build-over agreement - are these agreements a matter of public record? Where can I get a copy? If you assume what I have described above is correct, is this very naughty? Once Anglian complete erection (pun intended!) who is responsible for correcting any contravention of planning permission? Will the water board say something like "You are a naughty boy. Here is a slap on the wrist and your retrospective build-over agreement."

Any help would be appreciated.

 

[Notch7]

I don’t quite understand the drain layout you describe.
In general any construction within 3 metres of a public sewer needs a build over agreement.

The 3 metre rule doesnt matter whether it’s on your own or neighbours property or

I don’t think this has anything to do with planning, it’s a building regs issue.

Is the new conservatory being built under building regs.


Build over agreements are made with the local water authority, you should be able to check with them

 

[JEFFERY POOLE COLE]

Sorry if I have confused you, There are three terraced houses. the sewer flow moves 3 to 2 to 1. The conservatory is being built in No2. We are No1. The sewer moves in a straight line 3,2,1 until it makes a 90 turn under our patio. Is there any way of checking that there is a BOA without going to the water board? Things are bad enough as it is.

 

[Notch7]

Sorry if I have confused you, There are three terraced houses. the sewer flow moves 3 to 2 to 1. The conservatory is being built in No2. We are No1. The sewer moves in a straight line 3,2,1 until it makes a 90 turn under our patio. Is there any way of checking that there is a BOA without going to the water board? Things are bad enough as it is.

OK, so the sewer at no2 connects to other properties, its threfore a public sewer
any construction work within 3 metres of a public sewer needs a build over agreement


If they have planning permission go to the planning portal and check to see if if there are any building regs applications or drawings on the portal under your neighbours house (not all conservatories need building regs, it would need to over 30sq metres or open to the house)

Also I suggest you go to your local water board website and look up the rules on build over agreements


The water board have the power to force removal of any construction that has no authority to build over

also they wont be able to sell the house -it will get picked up by a surveyor, especially given there is planning permission so theres a public record

 

[^woody^]

The obligation is not to cause damage or unduly adversely affect the public drainage system, and the water company decides what they will accept. The 3m rule, or the other general stipulations from the water companies are merely guidance not prescriptive.

Build over agreements are private contracts with the water company.

It seems like the drainage system is the responsibility of the water company and you are down- flow so won't be affected by whatever occurs at the neighbours, so what are you worried about?

 

[jeds]

If the line is 100mm, a build over agreement may not have been required. Most sewer authorities now have standing orders. If you tick the boxes you can self-certify.

 

[JEFFERY POOLE COLE]

Hi spoke to the Water Board today. Apparently the water board have agreed that they can have an internal drain inside the conservatory...pont is I can`t see any drain there at all. Jesus would a builder of Anglian`s size take this risk. I truly cannot see any drain cover!!

 

[mattylad]

IN addition to the drains, will this conservatory have any gutters to collect rainfall on it?
If so as it is going to be at the border, where will the gutter go?

You do not want it on your land or to drain on your land.

 

[JEFFERY POOLE COLE]

Well I assume that the run off from the roof is going into the sewer. The sewer was build over before - this when the Water Board had not adopted the sewer system. The `old` they had system was all the pipes for waste went into the floor on the `other side of the sewer. These pipes just went into the floor - there was no inspection point. There was a down pipe from the roof and this discharged onto the floor by these drains.

 

[JEFFERY POOLE COLE]

Ahh S**T..What is the point?... They have
Built over the sewer
No internal drain
No inspection chamber
Water on side of the roof runs into the garden (higher than ours.)
The rain water other side of the roof runs into the sewer
No CCTV

The water board just rubber stamped the whole thing

 

[^woody^]

Ahh S**T..What is the point?... They have
Built over the sewer
No internal drain
No inspection chamber
Water on side of the roof runs into the garden (higher than ours.)
The rain water other side of the roof runs into the sewer
No CCTV

The water board just rubber stamped the whole thing

All of that may well be acceptable. There are no prescriptive rules with drainage, just preferences.

 

[JEFFERY POOLE COLE]

No there seem to be no prescriptive rules for anything, Just `guidance` that may- or may not be applied.

 

[^woody^]

No there seem to be no prescriptive rules for anything, Just `guidance` that may- or may not be applied.

The obligation is not to cause damage or unduly adversely affect the public drainage system, and the water company decides what they will accept.

You can't use drainage as a lever to stop work you don't agree with

 

[JEFFERY POOLE COLE]

I`m going to leave it now.

 

[oldbutnotdead]

Just before you go- if your neighbours have decided to ignore the terms of the buildover agreement that's their problem. It won't adversely affect you cos they are upstream. There are things you could do if you fancied playing the w*nker card but I'm not going into details.
If rainwater from their guttering turns your garden into a bog that's called statutory nuisance- believe your council environmental health team will deal with that. You could put a preemptive call (actually email would be better) into building control regarding the apparent lack of proper surface water drainage, if you do get problems down the line it'll be useful ammunition.