Flint Bishop

Government rules on drains and sewer ownership

Rows over blocked drains could soon be a much rarer occurrence, according to Stratford-upon-Avon law firm Lodders.

The Government has decided that water and sewerage companies should take over around 200,000 kilometres of private sewers and drains across England and Wales.

Currently, where a private sewer or drain serves a number of properties, blockages can see neighbours at loggerheads over who should pay. Access issues can also arise.

Now regulations to transfer private sewers and drains in England and Wales to the water and sewage companies  have been approved by Parliament and the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 came into force on  Friday, July 1. Ownership will transfer on October 1 and will apply to both residential and commercial properties.

Alex Robinson, an associate in the agricultural and rural business department of Lodders, said: "This will mean that the majority of sewers and drains in England and Wales will be owned by the water companies instead of individual property owners. It is hoped that this will end the current confusion regarding sewer ownership and liability.

"Following adoption the water companies will be responsible for the maintenance and repair of the pipes. The water companies and the Government believe that the transfer into public ownership will be good news for the vast majority of those affected. It will mean that potential liability for repairs will be reduced and property owners will only be responsible for the drains which lie within their boundary."

But, she cautioned, other issues could arise.

"Firstly, as the sewers and drains are in private hands many water companies are unaware of the location of the pipes but will become immediately responsible for them on October 1. It may be some time until there is a comprehensive mapping record for all adopted sewers and drains. 

"Secondly where a sewer is located within a property boundary, consent from the water company will be required for any development over or in the vicinity of the sewer so property owners must be aware of this requirement before commencing works of any kind. Finally, property owners should be aware that the water companies will have statutory rights of access to property on which there is a public sewer or drain; access will be required for any inspections, maintenance or repair to these sewers and drains."

The shake-up follows last year's Environmental Permitting (England and Wales) Regulations which simplified rules on discharges from small septic tanks and sewerage treatment plants.

It brought in a registration system for most homes which, if taken up, avoids the necessity for an environmental permit.

For more information about Lodders, please visit their website here: www.lodders.co.uk

 

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Article published by Midlands Business News on 19 July, 2011

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