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