Legislation
The regulations detailing the transfer are the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 (SI 2011/1566). The actual transfer is occurring under Section 102 of the Water Industry Act (1991).
Adoption Agreements
Eligible sewers subject to Section 104 agreements transfer automatically in either October 2011 or in 2012 depending on when they were connected. Any sewers covered by Section 104 agreements which do not meet the requirements of the transfer (see section ‘What hasn’t transferred’ ), such as pressurised mains or surface water sewers discharging to a watercourse, will not transfer and will continue to be subject to the Section 104 agreement. Prior to the new national mandatory build standards which will be published in 2012, developers will continue to have the option of entering into a Section 104 agreement for any newly constructed sewers.
Supplementary Transfer
Eligible sewers connected to the public system after 1st July 2011 will transfer under a supplemental scheme in 2012. The intention of this scheme is to ensure there is no legacy of private sewers between 1st October 2011 and the introduction of Section 42 of the Flood and Water Management Act (2010) in 2012.
Pumping Stations
Private pumping stations serving more than a single property are included in the transfer, but these will transfer progressively up to 1st October 2016. This also applies to any related equipment, such as pressurised sewers. The delay in the transfer is due to the varying standard of pumping stations, as well as the number of stations of which Water Companies are currently unaware of. Water Companies require time to identify and assess these stations, and are requesting that owners of pumping stations notify the relevant Water Company as soon as possible. Water Companies will each be undertaking their own programmes to assess private pumping stations, and are adopting them between 1st October 2011 and 1st October 2016.
Procedures for new sewers from April 2012 (TBC)
From April 2012 (to be confirmed), Section 42 of the Flood and Water Management Act 2010 comes into force. It will then be a requirement for sewers to be adopted prior to connection to the public system. A Section 104 agreement will need to be applied for and completed before the Water Company grants a Section 106 (permission to connect to the public sewerage system) agreement. A new national Mandatory Build Standard will also be introduced from this date specifying the standards to which new sewers must be built.
Updating of sewer records
The Government estimated that a full national survey to plot the extent of private sewers and lateral drains subject to transfer would cost approximately £1 billion. As this is impractical, Water Companies are using records of private sewers from sources such as Local Authorities, developers and housing associations to update sewer records. In addition, any sewers located as part of Water Companies’ normal operations will be added to the sewer records as they become aware of them.
Appeals
Owners of sewers wishing to appeal against the mandatory transfer were able to do so under Section 105(B) of the Water Industry Act (1991) by appealing to OFWAT Sewers subject to an appeal will remain private until the outcome is decided. Further information can be found on OFWAT’s website .