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    • charlieking
    • By charlieking 21st Sep 16, 10:16 PM
    • 4Posts
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    charlieking
    Build over agreement
    • #1
    • 21st Sep 16, 10:16 PM
    Build over agreement 21st Sep 16 at 10:16 PM
    HiHoping for some advice. We built a conservatory on the back of the house in 2013 and did not get building control in, (yep I know this was an error, we didn't think we needed it for a conservatory and builder didn't tell us we did). We also didn't get a build over agreement from Thames Water again an error on our part literally had no idea. Anyway we are the start of the chain so ours is a private drain/pipe but our conservatory runs to the boundary so within 3 metres of a public pipe so we needed build over agreement as far as I can tell. We removed a manhole but it's a straight run and a manhole serves this pipe on the outside of the conservatory so has full access.


    Anyhow now we want to knock the back of the house out and make the conservatory effectively an extension. We know we need to get retrospective building regs, we know foundations are deep enough so we are not worried about this. However now concerned about build over, can we apply for retrospective build over, how likely are they to say yes, if they no will be scupper any chances of a building regs completion certain or indemnity insurance if we ever sell? Not sure of the best next step, hoping someone can help?


    Thank you

    Sent from my iPad
Page 1
    • Fat Walt
    • By Fat Walt 21st Sep 16, 10:45 PM
    • 221 Posts
    • 132 Thanks
    Fat Walt
    • #2
    • 21st Sep 16, 10:45 PM
    • #2
    • 21st Sep 16, 10:45 PM
    Odds are Thames Water won't even know where the original pipes were.
    • charlieking
    • By charlieking 21st Sep 16, 10:46 PM
    • 4 Posts
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    charlieking
    • #3
    • 21st Sep 16, 10:46 PM
    • #3
    • 21st Sep 16, 10:46 PM
    True but what does that mean for us?
    • Fat Walt
    • By Fat Walt 21st Sep 16, 10:49 PM
    • 221 Posts
    • 132 Thanks
    Fat Walt
    • #4
    • 21st Sep 16, 10:49 PM
    • #4
    • 21st Sep 16, 10:49 PM
    Conservatories are usually exempt from building regs, so go ahead with your proposed extension. You may have to expose the original footings for the building inspector.
    • charlieking
    • By charlieking 21st Sep 16, 10:50 PM
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    charlieking
    • #5
    • 21st Sep 16, 10:50 PM
    • #5
    • 21st Sep 16, 10:50 PM
    Thank you, yes we have no problem with the footings being checked. We're more worried about the build over the sewer pipe?
    • Furts
    • By Furts 22nd Sep 16, 6:21 AM
    • 2,732 Posts
    • 1,679 Thanks
    Furts
    • #6
    • 22nd Sep 16, 6:21 AM
    • #6
    • 22nd Sep 16, 6:21 AM
    You will not get Buildings regulations on a conservatory that has been knocked through to form an extension. A conservatory is a separate room divided off, with its own heating and external doors to the home.
    • Doozergirl
    • By Doozergirl 22nd Sep 16, 6:43 AM
    • 21,928 Posts
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    Doozergirl
    • #7
    • 22nd Sep 16, 6:43 AM
    • #7
    • 22nd Sep 16, 6:43 AM
    A build over agreement is required for building regulations approval on the proposed extension.

    Given that you are where you are, I would just start the process without saying anything. Apply as if the conservatory was built before 2011, which is when the shared drains/sewers built after 1938 were adopted by the water companies.

    At least yours is a private drain until it hits a boundary. It may just be that they ask for you to provide them with a CCTV survey and nothing more beyond the application form.
    Last edited by Doozergirl; 22-09-2016 at 6:45 AM.
    Everything that is supposed to be in heaven is already here on earth.
    • Furts
    • By Furts 22nd Sep 16, 7:03 AM
    • 2,732 Posts
    • 1,679 Thanks
    Furts
    • #8
    • 22nd Sep 16, 7:03 AM
    • #8
    • 22nd Sep 16, 7:03 AM
    A build over agreement is required for building regulations approval on the proposed extension.

    Given that you are where you are, I would just start the process without saying anything. Apply as if the conservatory was built before 2011, which is when the shared drains/sewers built after 1938 were adopted by the water companies.

    At least yours is a private drain until it hits a boundary. It may just be that they ask for you to provide them with a CCTV survey and nothing more beyond the application form.
    Originally posted by Doozergirl
    Giving an incorrect build date is a way forward provided nobody visits from Thames Water to look at the situation. OP should check this out for peace of mind.
    • charlieking
    • By charlieking 22nd Sep 16, 7:35 AM
    • 4 Posts
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    charlieking
    • #9
    • 22nd Sep 16, 7:35 AM
    • #9
    • 22nd Sep 16, 7:35 AM
    Thank you, we are of course planning to do everything we need to for the conservatory to become building reg compliant and the builder doesn't see a problem with this. Interesting solution re dates, I suppose they have no way of dating the conservatory unless they can somehow date the new pipe we fitted when we removed the manhole, surely not? So you can apply for retrospective build over agreement then for something already built? Was trying to find this out on google last night but no real info that I could find from TW? And now that's another £500 to add to the bill!

    Was the worst that could happen when we apply to TW? Why oh why didn't we know about this before? ��
    • Doozergirl
    • By Doozergirl 22nd Sep 16, 9:30 AM
    • 21,928 Posts
    • 62,527 Thanks
    Doozergirl
    The 'get out' is not retrospective for something built, it is that a conservatory doesn't usually require building regs at all and one built before 2011 wouldn't have required a build over agreement. You just need one now for the extension tonget Building Control Approval.

    No one is going to come out. Onus is on you to do the legwork and building control to inspect it. TW will just collect the money and send letters.

    The biggest risk is the same as for any BOA. That the drains aren't in good enough condition to start with. No real reason why they shouldn't be, however!
    Last edited by Doozergirl; 22-09-2016 at 9:33 AM.
    Everything that is supposed to be in heaven is already here on earth.
    • andrewf75
    • By andrewf75 22nd Sep 16, 10:35 AM
    • 6,449 Posts
    • 10,725 Thanks
    andrewf75
    Build over agreement is nothing to worry about, just give them a ring. I had one a couple of years ago with Thames water and they were very helpful. We were worried because we were building very close to a shared sewer, but they were fine. It cost a couple of hundred quid and a bit of paperwork.
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