Shared rainwater

[Mecca]

I hope this is posted in the right category.

I live in an 1890s detached house, next to a similarly aged detached house. Our roof water goes down a gully into a manhole on our neighbour's side of our house. Imagine an alley way between the two houses, that's where it is, although it now forms part of their back garden since a wall was erected about 100 years ago. Our neighbour's roof drainage also goes into this manhole and the two are taken down the alley into the road where it joins with the grey water drainage.

The problem is that our neighbours are building an extension and aren't allowed to put their rainwater in this drain any more. They are allowed to put their grey water in there and will fit a manhole further down to accommodate the new kitchen waste drainage. But they are diverting their rainwater to a new soakaway.

Building control say that they cannot reconnect our part of the rainwater drainage into their new inspection chamber. I say otherwise and I would appreciate any advice on this. I am asking them to reinstate our drainage into the new manhole when they connect their new grey water gully. Otherwise we will lose our roof drainage completely.

We both pay Southern Water to take away our rainwater.

The drainage system is now on our neighbour's land even if it was originally a shared alleyway.

 

[conny]

I would ask Southern water to clarify the legal position regarding where the rainwater is allowed to discharge to.
If they say it has to be to a different place then I would think your neighbour should bear the cost of this but a solicitor could check this for you if required.

 

[^woody^]

There is an implied right/duty to convey rainwater via shared roof drainage, and building control can not interfere with that right.

There are posts on similar issues in the roofing forum.

 

[Hugh Jaleak]

Building Control are talking rubbish. Apart from anything else, you have an acquired right after all this time for your rainwater to be drained via the existing system, (which is also shared from the point where you both connect and is the Water Company's responsibility from thereon). That right exists in law and cannot simply be removed.

The extension is new, so for that the Drainage Hierarchy for the disposal of rainwater needs to be applied, which is to look at the first option of a soakaway. If that isn't suitable, then a storm drain. If that isn't available/suitable then foul/combined drain.