Build over agreement

[arthurphil]

Afternoon,

I've had an offer accepted on a semi detached house and now our solicitors and the sellers solicitors are arguing over build over agreement.

There is a mains foul sewer that runs through the property that I've had an offer accepted on and an extension that was built prior to the Oct 2010 change of regulation falls within the 3m zone. It doesn't run under the house but just misses a built up unfinished patio area. It feeds 4 houses upstream and 1 house past us downstream before joining up with the rest of the estate.

The drainage search came back showing the sewer and my solicitor advised me to contact Wessex Water to see if there was a build over agreement in place, which there isn't. I then contacted the estate agent to request this info from the seller and was told that I have jeopardised the sale of the house by letting Wessex Water know, as it means that the seller can no longer get Indemnity insurance.

I don't understand how you can indemnify against something that is legally binding (the build over agreement)?

It turns out my solicitor is fairly slow so I'm trying to push it through so we are in before Christmas.

Any advice gratefully accepted...

 

[jeds]

I presume the drain was private prior to Oct 2010. If so then there was no formal procedure at the time and so wouldn't have had any build over agreement. If the legal people insist on having one then the only option is to apply now and get it formalised. Actually it's a build near - not a build over, so is normally a formality. A two hundred and twenty five quid formality that is. The procedure normally takes 7-10 days.

 

[jeds]

I presume the drain was private prior to Oct 2010. If so then there was no formal procedure at the time and so wouldn't have had any build over agreement. If the legal people insist on having one then the only option is to apply now and get it formalised. Actually it's a build near - not a build over, so is normally a formality. A two hundred and twenty five quid formality that is. The procedure normally takes 7-10 days.

PS. exactly how far away from the drain is the nearest building?

 

[arthurphil]

Thanks for replying John.

I believe it was private but I'm waiting for confirmation. The sellers solicitors have complained that because I have spoken with Wessex Water they will now have to pay for cctv of the sewer and also have to submit the drawings which means it will cost closer to £1000.

The sellers solicitor doesn't want to get the build over (or near or far away!) but mine is insisting that we should get it as this problem will just raise its head again when we come to sell it, so we should get the seller to pay for it now instead of us paying for it in 10 years time.

Do you know if you can legally get indemnity insurance instead of getting the agreement?

Thank you,
Phil

 

[arthurphil]

From the edge of the single storey kitchen extension 1.5m and from the edge of the unfinished patio 0.5m.

Sorry it took a while I was trying to upload the plan, but struggling with pdfs...

Thanks Phil

 

[arthurphil]

 

[jeds]

They are right that you can't get an indemnity once you contact Wessex. I must get the name of your solicitor. My fees for these applications, including drawings, are normally £200-£300 + the cctv survey. (but you don't need a cctv survey so that wouldn't apply in your case) Do you know how deep the drain is?

 

[arthurphil]

Hi John, sorry for the length of time on reply.

Not sure of the depth but it is a 400mm pipe.

I spoke directly to the seller yesterday to see what the hold up is and he told me that his solicitor has not spoken to him once and he wasn't aware of this issue and hold up.

Unfortunately his solicitor put the phone down on my solicitor yesterday afternoon and now she won't answer calls.

In your opinion if you were my solicitor would you have been happy with getting the indemnity insurance (prior to me speaking to Wessex Water) or are we right to insist on getting the build over/near agreement. In my opinion when we come to sell the house this issue would raise its head anyway and I would have to foot the bill.

Thanks for your time...

Phil

 

[jeds]

A 400mm pipe, serving 4 houses. Are you sure?

 

[arthurphil]

From the information I've been given, yes. What should it be?

 

[freddiemercurystwin]

100mm.

 

[arthurphil]

Thanks Freddy! I will investigate further.

 

[jeds]

I'd check that. A 400mm drain is a different ball game. As freddy says, a 100mm pipe will do 20 or 30 houses.

 

[arthurphil]

I've just found in my notes that the seller said it was a 4" sewer... how does it change things please?

 

[jeds]

4" sewer = 100mm.

If the drain is 1.5m from the nearest foundation the only requirement is the foundation must be at least level with or below the drain invert. If the drain is, say, 400mm/500mm deep then you can be sure the foundation is deeper and that's all you need. So find out the drain depth first. If it's more than 900mm you will then need to establish the foundation depth.