Drain Build Over Agreement

[frostdon]

Guys I am really stressed hope somebody can advise.

I was a newbie in building and In covid started building work 6 meter extension all approved by build regs etc. There was a shared manhole being stressed no one mentioned i needed a build over agreement till work finished. During the process the independent builder said I didn't need a build over agreement, I did ring up Water company they couldn't see a drain at the back of my property, so I proceeded . (I think there is also a main sewer line within few meters from new build.) Also on the architect plan it shows existing drain.

Everything has been passed by the Building Regs. and I have a certificate. However I am worried I might get a letter from water company? what shall I do remain quite? If the house next door start building work I guess they will get a Build over certificate for their drains and move thiers, will this affect me??

I am aware of indemnity insurance? There is access for for Thames Water to my property and access to a drain if there is a blockage.

Appreciate all replies.

 

[^woody^]

Yes, keep quite quiet.

 

[frostdon]

Yes, keep quite quiet.

thanks Woody. Shall I take out indemnity insurance only £130 pounds for 100k worst case scenario. Woody what if next door decide to get a water agreement won't flag anything for me will it?

thanks for your reply.

 

[^woody^]

Can you get indemnity insurance for this? You can't normally get insurance to cover you own unlawful actions, and indemnity cover is for a different situation.

The key thing is whether the work you have done would or would not be acceptable to the Water Authority. Normally that means foundations deep enough and bridging the drain. This would normally have been overseen by building control regardless of any build over agreement.

So, if the work done would be acceptable, all the Water Authority could do is request a retrospective application.

Next door having work done is unlikely to trigger anything with you. Typically, all this is a form filling and fee generating exercise, largely automated.

However, it's a waste of time worrying about what may or may not happen especially when events are outside your control.

 

[frostdon]

thanks Woody Guruntee conveyancing solutions build over agreement google it be great to hear your thoughts.

 

[^woody^]

thanks Woody Guruntee conveyancing solutions build over agreement google it be great to hear your thoughts.

Isn't that for people buying/selling a house only?

 

[frostdon]

Isn't that for people buying/selling a house only?

yes called them your right if your selling or buying house ouch I'm back to square one

 

[frostdon]

yes called them your right if your selling or buying house ouch I'm back to square one

Woody is there a period they can't say anything if one remains quite. Like 5 years down the line or something. Like building a building without permission and it remains unfounded for years?

 

[^woody^]

The Limitation Act may apply, and if so action would be limited to six years. But you would need to get proper legal advice on that.

 

[thomp1983]

Where is the manhole cover now the extension is built?

Its not ideal if you've built over it and you should of had a build over agreement and they probably would have made you move it to outside the extension.

If you can still access the pipe runs from other openings outside the extension then I wouldn't worry about it, if you can't then in the event of a severe blockage you'd have to dig up whatevers over the manhole to allow access.

In terms of what you do now, the answers nothing, there are thousands of extensions and conservatories built over manholes from before the rules changed and they have no issues.

If you sell your house it likely will be an issue and you'd probably have to get an indemnity policy but if you've no plans to move just get on and enjoy the house and forget about it.

 

[Notch7]

Everything has been passed by the Building Regs. and I have a certificate

Did you do a full building regs application, in which case the architect should’ve note it on the drawings.

I used to use a private building inspection company and they always contacted the local water authority to check for nearby sewers.

It seems surprising architect nor building inspector picked it up.


Provided it’s not over 300mm diameter pipe or over 3 metres deep, I wouldn’t worry.

It will be a problem when you sell, so make sure you get indemnity policy before it goes on the market.

 

[frostdon]

Where is the manhole cover now the extension is built?

Its not ideal if you've built over it and you should of had a build over agreement and they probably would have made you move it to outside the extension.

If you can still access the pipe runs from other openings outside the extension then I wouldn't worry about it, if you can't then in the event of a severe blockage you'd have to dig up whatevers over the manhole to allow access.

In terms of what you do now, the answers nothing, there are thousands of extensions and conservatories built over manholes from before the rules changed and they have no issues.

If you sell your house it likely will be an issue and you'd probably have to get an indemnity policy but if you've no plans to move just get on and enjoy the house and forget about it.

Thomp1983 thanks for the info. The drain is outside the extension and can access if there is a blockage.

 

[thomp1983]

I'd keep quiet then, if you inform the water board they'll want a cctv survey completing to show the condition.

As long as the manhole is 50cm from the foundations then they likely would of passed the plans anyway.

 

[frostdon]

Did you do a full building regs application, in which case the architect should’ve note it on the drawings.

I used to use a private building inspection company and they always contacted the local water authority to check for nearby sewers.

It seems surprising architect nor building inspector picked it up.


Provided it’s not over 300mm diameter pipe or over 3 metres deep, I wouldn’t worry.

It will be a problem when you sell, so make sure you get indemnity policy before it goes on the market.

Yes full building app. Artitect had existing man hole on the drawings, when I rang up thames water they said can't see drains on the property. So as it was covid I thought not needed first time I was involved in building.

love all the support guys many thanks. I'm sure if I have further issues I'll be in touch

 

[frostdon]

I'd keep quiet then, if you inform the water board they'll want a cctv survey completing to show the condition.

As long as the manhole is 50cm from the foundations then they likely would of passed the plans anyway.

I'll remain quiet. thanks