A change to the law in 2011 means that thousands of formerly private sewers are now publicly owned. But what are the implications when these sewers run under your property?
The 2011 Private Sewer Transfer saw the majority of private sewers and drains in England and Wales transferred into public ownership. Thousands of kilometres of pipework – the repair and maintenance of which homeowners were liable for (often without their knowledge) – became the responsibility of water companies. Whilst this was undoubtedly good news for homeowners, it has created somewhat of a legal grey area when these sewers have been built over by their former owners.
Each individual water company has its own policy regarding building over or close to public sewers. For Severn Trent Water, when a property owner wants to build in close proximity to an existing public sewer, they will have followed one of two processes. Up until the late 1990s, they would have entered into a build over agreement with Severn Trent Water, which stated both theirs and the water company’s rights.
Severn Trent will now normally be contacted by Building Control Officers for approval as part of the planning application process. Work in the proximity of a public sewer (usually within three metres) not requiring planning permission will also require approval, which can be sought directly from Severn Trent.
All water companies have statutory rights to access public sewers that lie within private land. This includes sewers that lie beneath or close to a property. When consent to build over a sewer has been granted, Severn Trent will always attempt to access the sewer without disturbing the property. When this is unavoidable, they will repair any damage caused, within reason. Where a sewer has been built over without consent, Severn Trent are within their rights to access and protect the sewer by whatever means they deem appropriate. In extreme circumstances, this can include demanding that any buildings affecting a public sewer are altered or removed, at the homeowner’s expense.
Following the transfer however, we now have sewers which were constructed without any consultation with Severn Trent Water. Obviously this is causing concern for homeowners, who are not guaranteed what would happen in the event of any problem with these sewers. With no formal approval from Severn Trent, they could find themselves in a situation where they’ve legally carried out development work at their property, but have no guaranteed protection in the event of a problem.
So what happens in these cases? Fortunately for homeowners, Severn Trent Water extend the same general policy to transferred sewers that they do to ones that were public at the time of development. Providing normal Building Regulations were followed, and adequate steps were taken to protect any pipes, Severn Trent Water will treat them the same as any other sewer. This means that during any maintenance work, they will take all reasonable steps to protect the property, and repair any damage caused. Where Building Regulations were not followed, Severn Trent would take the same steps they would to protect the sewers that they would in any other circumstances.
The transfer of private sewers was, by and large, beneficial for both the public and water companies alike. It relieved the public of responsibility for sewers, and placed it solely in the hands of water companies, who are far better equipped for maintaining the sewerage network. Whilst confusion regarding such issues as building over sewers persists, there’s no doubt that ultimately, homeowners are better protected than prior to the transfer.
For more detailed information on building over public sewers, please visit this page on Severn Trent Water’s website