A chance conversation in the office led to some myth busting on drains and sewers which we’re happy to share.
One of us had a blocked loo; another had an older relative with blocked shared drains; we had a client buying a house who wanted to know what the potential liability was; another client had a conveyancing search result which didn’t seem to reflect the position on the ground.
Lots of questions cropped up:
- How much is this going to cost me?
- Is it my responsibility?
- Is it my neighbour’s responsibility?
- Who can I get to fix it?
- Where are the drains anyway?
- Do I have to pay for it?
- Can I get my neighbour to contribute?
- What if it was my neighbour who blocked it?
- How much is this going to cost me?
- Is my house going to be flooded with sewage?
- Is gin the answer?
I've tried to answer some of these important questions below...
Drains on my Property - Are they my responsibility?
Many people believe that a drain on their property is always their problem, but that’s not true.
Times change. It used to be that where drains were shared, neighbours had to try and agree how and when to organise and pay for repairs. This often led to more problems and disputes than happy neighbours with free-flowing drains!
In response to this, the government changed the rules. Since October 2011 new regulations mean that where a drain is shared with other properties, the Water Company is responsible.
Who is my Water Company?
I’m using the term ‘Water Company’ to mean your local statutory water and drainage undertaker, which will be the private company carrying out these statutory services in your area. For geographical reasons, the companies we most usually encounter are Severn Trent Water (STW) and South or East Staffordshire Water. It’s always worth turning to them first; there’s plenty of useful (free!) information on their websites, and STW publish information about residential shared drains on their site which is specifically aimed at answering these questions.
Where can I find out more?
The Water Services Regulation Authority – OFWAT – has some useful diagrams to help work out where the responsibility lies. These are published online here
The OFWAT website is a good consumer resource – in addition to regulating the water industry they provide free helpful advice and pointers so their website is worth a look too.
So I don’t have to pay anything?
Sadly that’s not the case. You are still responsible for the maintenance and repairs of drains which exclusively serve your property and are on your land, even outside the house. If the point of connection to the mains is a long way down your drive, that can be expensive. Some people opt to have this risk covered on their household insurance, so it’s worth checking your policy if you think you will have to pay out.
If the Water Company attend your property to establish the cause of a blockage and find that the problem it is in fact in your private drain (and therefore your responsibility to clear), they can usually do that work for you there and then if you agree their fee. If you think you might be liable for the cost, it’s worth shopping around before they come out, to see whether the price is competitive. Often the Water Company will only do the work immediately and if you want someone to come back another time, you will probably have to start looking for a private drain company to do the work.
Where are my drains?
If you are buying a house, commercial property or land for development, your solicitor should carry out a water and drainage search. They should report the results to you and can produce copies of the plans which have been issued by the Water Company which show where the water mains and drains are in relation to your specific site.
Sometimes this brings up issues which we need to investigate further and/or report to your mortgage lender. As lawyers, one of our many jobs is to find issues and then work with you to try and find a resolution. If we think there may be a problem, we will raise it with you and run through the options to see what is going to be best in your particular circumstances.
Lost drains…
Although the Water Companies are now responsible for shared drains, they don’t always hold records of all drains which actually exist. Drains were being built before there were rules requiring their locations to be recorded. When you get a water and drainage search result, the result will rely on records such as billing accounts or maps held. It may not therefore be 100% accurate. If you are concerned about the state or location of your drains, a more detailed site investigation may be appropriate. It is not unheard of for a developer to buy a site for housing and discover underground pipes and drains only after the digging starts!
Do I need a lawyer?
If your issues can be resolved quickly and cheaply without resorting to law, that’s usually the best outcome. Our job is to act in the best interests of our clients and – whatever the tabloid press might think – we don’t go out of our way to create unnecessary work for ourselves! However, you will probably benefit from speaking to a member of our property or dispute resolution teams if:
- You want to buy a home or other property
- You want to buy land for development
- You want to develop an existing property or build on land you already own
- You have, or think you will have, a dispute with your neighbours about drainage
- You’ve been told that you need to pay for or fix drains but suspect it isn’t true
If you would like to find out more about about this blog then please contact me on 01332 364436 or at n.guthrie@timms-law.com.
