Any work involving new foundations, underpinning, piling or basements requires approval of the Water Company prior to work commencing on site. As of October 2011, the majority of previously private sewers and drains were transferred into public ownership to be repaired and maintained by the local Water Company.
What is a Build Over Agreement?
A Build Over Agreement gives the Water Company assurance that the work to be carried out will not negatively affect the sewer below and it also ensures that the Water Company will still have sufficient access to the sewer so it can be repaired and maintained. If you are planning on building close to or over a public sewer you should contact the Water Company prior to the work being carried out to ascertain their requirements.
Why should you have a Build Over Agreement?
Sometimes issues arise when homeowners attempt to sell their property which is partly or wholly built over a public sewer. Conservatories and extensions are the usual offenders. If a Build Over Agreement was not obtained when the work was carried out then the Water Company has a statutory right to enter onto the property to access the sewer, even if it means demolishing the structure situated over the sewer. However, the Water Company will avoid causing damage, where possible, and look for other ways to access the sewer, but the risk still remains. If a Build Over Agreement was entered into then the Water Company do not have the right to remove or demolish the structure over the sewer.
What if a Property doesn't have a Build Over Agreement?
If no Build Over Agreement was entered into then the seller should have a CCTV survey of the sewer carried out and forward the footage to the Water Company. If the Water Company is satisfied the sewer is in good condition, they will issue a comfort letter confirming the sewer is in satisfactory condition. The comfort letter usually satisfies the buyer and their mortgage lender that the Water Company will not take steps to demolish the offending structure situated over the public sewer.
The other option is for the seller to give the buyer indemnity insurance to protect against financial loss incurred as a result of the property being build over a public sewer. This is the quickest and cheapest option but whether or not insurance is attainable will depend on the circumstances of each case.
During the conveyancing process, a drainage search is usually carried out to ascertain whether or not there is a public sewer situated beneath the property.
If you would like to learn more about Build Over Agreements or you have any other Conveyancing queries, please get in touch with me on 01283 214231 or at k.holmes@timms-law.com.
