Welsh Water Retrospective Build over Agreement

The insurance policy covers the cost of repairing property damage or rebuilding work when the sewer contractor exercises powers to access the sewer and cause property damage, or the cost of diverting the sewer. This option is the fastest and cheapest option and avoids alerting the sewer funeral home to work with whom they might disagree. A funeral director may refuse to grant further construction through an agreement. If they refuse, it is unlikely that insurance will be available. Even if consent is given, the owner may be asked to make changes to the property that can result in significant costs. Insurance is the most common solution. In October 2011, a law was passed stipulating that all existing private sewers and all newly built sewers must be automatically taken over by the water authority in the area where they are located. For example, Welsh Water for Wales, Thames Water for London, etc. These water authorities are required by law to maintain these public sewers, which also means that they have the legal right to enter the property where these pipes are located to carry out work on them. So if you have a sewer pipe running through your garden, if that pipe needs to be repaired or replaced, the water authority has the right to come to your property to do work on that pipe, provided that they constitute the land or compensate you accordingly depending on the circumstances. It also means that anyone planning to build within a radius of 3 meters to or through a public sewer must first obtain permission from the water authorities. This serves to prevent damage to the sewer system due to the extra weight of a new building, which could lead to collapse, which could ultimately lead to structural damage to the property. A construction agreement is an agreement with the water authority, which states that if you carry out work above or within 3 meters of a public sewer, this will not have a negative impact on the sewer below and will also ensure that the water authority has sufficient access to the sewer so that it can be repaired and maintained in the future.

He would not have required a construction agreement from the wastewater payer if the sewer had been private. Of course, you want to avoid a situation where the water authority can demolish part of your building, but if you built over the sewer pipe after October 2011, the options are either to solve the problems; If the property was extended by a public sewer before October 2011, then, assuming the pipe that was built was private, you wouldn`t need a construction agreement. The October 2011 laws applied primarily to pipes connected from properties directly in the public sewer system, which may have been located along the highway or along the back of the property. This meant that the pipes that connect the property directly to these pipes are most likely private and if an extension had been built on top of them, they would remain private and a construction agreement would not have been necessary. It is important to determine when exactly the expansion work was done to see if a construction agreement was applicable at that time. If the work involves expanding a commercial space or building a new self-contained structure, you should consider diverting the sewer. You can read more about sewer bypasses here. The other option is for the seller to give the buyer liability insurance to protect against financial losses caused by the property being built in a public sewer.

This is the fastest and cheapest option, but whether or not insurance is available depends on the circumstances of the individual case. If you want to build over a public sewer, you are required by law to enter into a construction contract with the water and wastewater supplier. This has not always been the case in the past and this blog explores when a construction contract is needed, how it affects you and your property, and what the situation was before October 2011 in terms of construction plans. This is because it is the most common method for our customers. If you meet the self-certification criteria or can modify your plans accordingly, we will grant you permission to build above or near your sewer and you will receive a permit notice by email within 3 days of your submission. Once you have this hint, you can start creating. In case of non-obtaining of the building permit for the works, the local authority is entitled to carry out an inspection and, if the works do not comply with the building regulations, to send a notice in accordance with section 36 of the Construction Act 1984 (BA 1984) asking the owner (who may not be the same person who ordered the work) to put it in order, or If this was not possible, restore the property to its previous condition. Failure to comply with a BA 1984 Opinion, Article 36 is a criminal offence and could result in prosecution of the owner and payment of the local authority`s fees to remedy the infringement. Our sewers are underground throughout our operating area, in streets and gardens, fields and properties. So if you`re expanding your property, building an extension or a veranda, there`s a good chance there`s a sewer pipe nearby.

This potential risk is problematic if the conservatory was built before July 1, 2011. There is also a violation of legal servitude. Some sewer companies suggest that they can adopt a relaxed attitude if the work has been carried out in accordance with construction control permits and measures taken to protect sewer pipes. There are two solutions for this: if the conservatory was built before July 1, 2011, an explicit building permit or approved development rights were required, and a building authority permit may have been required. If you do not have a construction agreement and you are building on or within 3 metres of a public sewer, the water authority has the authority to remove all structures that block access to the public sewer and is not responsible for any damage caused. Typical authors of construction agreements on are conservatories or extensions where the owner has simply built them without knowing that a construction agreement on is needed or perhaps ignoring that there is a real public sewer under these structures. When expanding your property, it is always important to check where the sewer pipes are before starting work. A construction agreement gives the Water Company peace of mind that the work to be done will not negatively affect the sewer below, and it also ensures that the water company continues to have sufficient access to the sewer so that it can be repaired and maintained. If you plan to build near or above a public sewer, you should contact the water company before carrying out the work to determine their needs. The above two options are viable alternatives instead of a construction agreement if none have been reached at that time. It`s important to keep them in mind, especially if you`re selling the property, as construction through a public sewer can cause problems with a sale and isn`t acceptable to most mortgage lenders, which is why you`ll need an alternative arrangement like the options above.

All sanitation companies have the legal right to access public sewers located on private land. These include sewers located under or near a property. Once the building permit is granted, funeral directors usually try to access the sewer without disturbing the property. If this is unavoidable, they will repair any damage caused to the reasonable extent. This is set out in the terms of the construction agreement. However, if a sewer has been overconstructed without consent, sewer companies have the right to access and protect the sewer by any means they deem appropriate. This may include buildings that interfere with a public sewer or block access to a public sewer are altered or removed at the owner`s expense. In reality, however, funeral directors have machines that usually allow them to access a damaged pipe from another clear point and avoid damage as much as possible, but a risk remains.