Build over agreement

[Adrian80]

I think the crucial thing is when the extension was built.

I was building my extension just before the govt transferred ownership to Wessex water.

If the sewer was originally in private ownership there was no reason why you werent allowed to build over the drain.

If the building work commenced after the transfer of ownership you would need approval from Wessex.

There are loads of houses with built over or built near drains before the transfer of ownership lark..

 

[arthurphil]

Thanks John, I`'ll see what info I can dig up.

 

[arthurphil]

Adrian, thanks for the info.

The extension was built in 1994 with full planning permission in place.

Cheers

Phil

 

[Adrian80]

If its 1994 i doubt you have any concerns.

The adoption of drains is about lateral drain ownership. Previously lateral drains are owned by the property owner.

I wouldnt let this deter you from a purchase. Its Wessex waters problem not yours...

 

[freddiemercurystwin]

1994!!! I thought this extension was around 2010! Jeez your dopey solicitor needs to take a chill pill, forget about it.

 

[tony1851]

As freddy says, a 100mm pipe will do 20 or 30 houses.

Hmm... more like 150mm for that amount??

 

[freddiemercurystwin]

Anything over 10 houses requires 150mm.

 

[rjm2k]

my solicitor advised me to contact Wessex Water to see if there was a build over agreement in place

I wouldn't use that solicitor again, not only have they kicked up a fuss where there is no need, but they have got you to do their job for them and made the water authority aware of something which isn't any of their business!

 

[ban-all-sheds]

And, of course...

... now our solicitors and the sellers solicitors are arguing ...

they are racking up extra fees.

 

[arthurphil]

rjm2k & freddymercurystwin - This is the bit I don't understand and has me very confused. Surely it is in my interest to get the buildover/near agreement in place, otherwise this could happen when I come to sell the house again. So wouldn't it make more sense to get the current owner to pay for it now instead of me paying for it later.

ban-all-sheds - mine and the sellers solicitors are both on fixed fees. I worked that out the first time I bought a house!

tony1851 - It's only for 6 houses before it joins up with the rest of the estate.

 

[Adrian80]

There was no necessity for a build over agreement in 1994 on a lateral drain you owned.

Currently wessex water have adopted all lateral drains, they are now in there ownership regardless of what happened before.

Wessex water own the drain, the previous occupants do not. The build over agreement is for new work after the change in ownership.

I think your solicitor is confused.

Questions you need to ask.
1. Did the current owner of the house own the lateral drain in 1994.
2. Was it a requirement by law to seek a buildover agreement from wessex water in 1994 of that drain if it was privately owned.
3. Have Wessex water adopted that drain.

I am almost certain the answers will be yes, no, yes.

Contact Wessex to reassure yourself.

 

[arthurphil]

There was no necessity for a build over agreement in 1994 on a lateral drain you owned.

Thanks Adrian, please confirm whether or not legally there should be a retrospective build over agreement in place for the extension, regardless of whether I contacted Wessex Water or not...

 

[Adrian80]

I am not a lawyer. These are questions you need to ask of Wessex Water.

At the end of they day you need to decide if its a risk you are willing to take.

The fact that wessex now have the responsibility for the upkeep of the drain i do not understand what risk you have?

Write to Wessex and ask the questions.

 

[arthurphil]

No problem - advice taken,

thanks for your input, very gratefully received.

 

[rjm2k]

Here's one companies view on it...

Q) If a property owner built over a private sewer or lateral drain, prior to 1 October 2011, when building over approval would not have been required will there be instances where a property owner could be liable for remedial work?

A) The changes brought about by the new Regulations are unprecedented and cases where remedial work is required due to action taken by a property owner will be reviewed on a case by case basis, and in accordance with legislation that applied at the time of construction, to
determine whether action will be taken against the property owner in respect of remedial work.

Property owners are legally required to notify the local building control department of building work or works to repair, reconstruct or change the course of a drain or sewer. It is the responsibility of the property owner to make diligent enquiries to determine whether the drainage network in the vicinity of any proposed development will affect buildings and to seek the approval of the existing owner or owners of any sewers, or drains that may be present.

http://www.thameswater-propertysearches.co.uk/Views/Common/images/Private_to_Public_Sewers_FAQs.pdf