In October 2011, most private sewers and drains were made public to maintain and repair by municipal water systems. This development relieved hundreds of thousands of landowners of the burden of maintaining the sewers that ran through their property.

It does imply that an increasing number of homeowners must now get a build over agreement solicitors from the local water authority before undertaking any construction work requiring new foundations, underpinning, piling, or basements within 3 meters of or throughout an existing public sewer or drain.

What is a “build over agreement” exactly?

The landowner signs a build over agreement solicitors assuring the local water authority that the development will not harm the public sewage system underneath or nearby. The agreement also specifies the local water authority’s access to the sewage for maintenance and repair purposes. To construct near or over an adopted sewer, you should contact the local water authority to determine the necessary permissions and inspections.

Is it feasible to determine if my property borders contain adopted sewers?

The Drainage & Water Search you get when you acquire a house will contain a plan depicting the position of adopted sewers concerning the property. Your conveyancer should inquire with the seller’s attorney as to whether or not any adopted sewers within the property’s limits have been covered up. In addition, they must present you with a copy of the report that contains a map identifying the adopted sewers.

What advantages does a Build Over Agreement offer?

Conservatories and expansions are the most prevalent culprits concerning residences constructed over an adopted sewer. Suppose a building occurred on the property after the sewer was approved without a build over agreement solicitors. In that case, the local water authority has the legal right to access the property to utilize the sewer. To use this right, it is not essential to abstain from damaging or dismantling the structure erected over the sewage. Most municipal water departments will take precautions to prevent private property damage, but they are not required to make repairs. Suppose a build-over agreement solicitors Darwen was reached. In that case, the water provider is prohibited from demolishing or altering the building covering the adopted sewer to access and maintain the adopted sewer.

What happens if a property does not have a build-over agreement?

The quickest, least expensive, and most prevalent method of mitigating the risk of a property being built over solicitors Darwen an adopted sewer is to sell the buyer an indemnity insurance policy that protects future owners against financial loss if the local water authority damages the property while gaining access to and repairing an adopted sewer beneath it. Due to the requirement that the buyer’s lender approves the transaction, this option is not always available. In addition, insurance will not be provided if any party to the transaction alerted the local water authority of the structure constructed over the adopted sewer.

There is also the option for the buyer to request that the seller undertake a CCTV investigation of the sewer and give the footage to the local water authority, with the request that:

  • You are pleased with the condition of the sewer.
  • Offer assurance in the form of a letter that the adopted sewer is in excellent condition and that no action will be required to remove the structure above the sewer.

This must also be shown to the buyer’s mortgage lender before the transaction can be consummated.