conversatory built over manhole (moved from Forum Information)

[jellyfizz]

Hi, I am new to this forum and am in the process of selling my house.

I had a conservatory, 4m x 4m built over a manhole (public shared sewer) with a double skin cover in Jul 2008. At the time I was informed by my builder that this building method was fine and no planning permission was required owing to the small size. However, my buyer's solicitor is now asking for a 'build over agreement' from my utility company, Thames Water.

The questions that I have are, do I need to get a 'build over' agreement with Thames Water seeing as the work was done in Jul 2008 (TW did not acquire drains until OCT 2011). If so how do I go about getting one from Thames Water? Would an indemnity policy be a better/faster/cheaper option?

Any feedback/help would be more than gratefully received.

 

[Nakajo]

"Would an indemnity policy be a better/faster/cheaper option?" Compared with dealing with Thames Water? My guess is 'yes'.

 

[jellyfizz]

Many thanks for your quick response

 

[freddiemercurystwin]

If the drain was not the responsibility of TW at the time I can't see how it is necessary to get a build over now. Typical stupid solicitor.

 

[^woody^]

The water authorities were still responsible for public sewers and some drains before 2011, when all drains passed to them. So it depends what the status of the drain/sewer was at the time of the build.

 

[Nakajo]

(not quite 'all drains' - the run from the end property (furthest from the main sewer) to that property's boundary belongs to the building owner) - I'll get my coat

 

[chappers]

As said it would depend on the status of the drain at the time as to whether a build over would have been necessary. Is it a drain that just runs across the backs of yours and your neighbours properties with each property draining into it, then runs off at some point to the main sewer.
If so then at the time that would have been your responsibility and no build over agreement would have been necessary and I would get your solicitor to point this out to the buyers, overzealous, solicitor.
This may help you work out your situation, but unless the sewer you built over was larger than about 6" it's unlikely that in 2008 it would have required a build over agreement

 

[jellyfizz]

Hi, thanks again for your feedback. My drain (terraced house) and each of my neighbours drains all run off into a main sewer. The drain measures 68 x 52 cm and is no more than a metre deep, but apparently this is still classed as a manhole (or inspection chamber for the PC) and cannot be built over now. I will wait to see what the Solicitor says - I know TW did not own the pipes back in 2008 so I am hoping these were privately owned, in which case it might be OK?! I did hear something about section 24 pipes always being owned by the Local Authorities prior to 2011. The house was built approx. 74 years ago if this helps. Someone said houses built prior to 1937 would be Section 24 pipes and therefore never considered to be 'private' drains. Its all so confusing and frustrating. How could we have know TW would acquire these pipes and forbid any building within 3m of these. The annoying thing is there is still access to this plus they can access from either side of me and nothing wrong with the drains whatsoever, I checked and these and all fine, but I doubt they will look at it like this even though they have never once had to visit in the 10 years I have lived here. I am hoping I can just get some sort of Indemnity policy otherwise the delays will probably mean we will lose our buyer over this. Anyway hope you are all having a great day and enjoying the sunshine