Claiming for repairs to private sewer.

[Deleted User]

Has anyone any experience of having to make a claim on their buildings insurance for repairs to a private sewer?

It seems we are connected to a private sewer (as are all the neighbours) and one of the neighbours has a problem, the cost of which has to be borne by all the houses connected.

Has anyone any experience of being in this situation?

I have googled extensively on the subject and am not disputing liability but just need to know how it is covered by buildings insurance.

Astaroth

What is the cause of the damage? Why do you think that you are responsible for the damage?

[Deleted User]

I have no idea what the cause is - possibly due to inadequate material used for the pipe. It was laid using pitch fibre - a common material used at the time.

The problem is 4 houses up from me and they had it surveyed with cctv cameras.

I am in a line of about 10 houses all linked to this private sewer so we are all liable for the cost.

It would seem that about 50% of properties are attached to private sewers - although like me, most people will be unaware until there is a problem.

It would seem, (from the letter I've had) that buildings insurance usually covers it. I'm waiting for mine to get back to me.

Astaroth

If it due to poor construction or just an ongoing action that has caused the problem you are unlikely to be covered by your building insurance but obviously they will confirm or deny this for you.

courtjester

The common cover under a buildings policy is for "accidental damage to underground pipes" - normally within the curtillage of the property boundaries.

This might extend to your insurable interest in contributing to the upkeep and maintenance of a communal sewer pipe off the premises, but might not. It probably depends on the views of your particular insurer.

Generally, it is worth putting in a claim and let the insurers consider the matter - they will need to obtain the CCTV report on the cause of the damage, if it can be regarded as 'accidental' rather than 'wear and tear' you may get part or all of your costs back.

If the pipe has been damaged by tree roots breaking into it, some insurers will consider this to be 'accidental' even though often it is the leak from the failed pipe that has resulted in the roots tracking to the scene.

Doubt that any conclusive opinion can be given here as it depends on all the circumstances and the nature of your buldings cover - inform your insurers and wait and see what happens.

Debt_Free_Chick

Agree with Courtjester. If it's accidental damage and you have sufficient cover, your insurer will probably pay (subject to any excess).

Damage due to wear and tear is usually excluded. Damage due to defective workmanship is down to those who did the work. However, your insurance might cover you for any consequential damage, if there is any e.g. movement in the building due to the damaged drains.

Too complex ... worth speaking to your insurer. They usually send someone out to do an assessment, at their cost, and then tell you what they think.

silvercar

Our neighbour had a problem with her sewers and tried to tell us that we should all contribute. I had drains insurance through my buildings insurance but they said they would only pay for damage on my property and she should claim on her own insurance. It turned out she didn't have drains insurance, so she ended up paying.
If I insure myself and she chooses not to, why should I pay if she has a problem? (I phrased it a bit nicer than that when I spoke to her.) Out of 7 neighbours no-one agreed to contribute. She had some work done and it turned out the problem was elsewhere in any case!

[Deleted User]

Since I started this thread I have discovered that my house is not affected on this occasion. However, from googling, I have also learned -

50% of properties are connected to PRIVATE sewers, the occupants of many being totally unaware - until they have a problem.

The issue over it being a private sewer means that all the properties connected to it, BY LAW - have to share in the cost of any repairs.

When a problem arises, it is usual to claim off buildings insurance. But beware - not all polices now cover it and some are now specifically excluding anything to do with pitch fibre pipes.

The law says that all the properties UPSTREAM of a problem are legally obliged to share in the cost of repairs. You can find out more information on this from your local council and most of the council websites carry information.

Pitch fibre was used in the laying of sewer pipes about 40 years ago. However, they only tend to last about 40 years - hence there are now many problems arising.

Where there are many properties all connected upstream of a problem, and where it is impossible or impractical to try and speak to everyone - it is usual for the person with the problem to make the claim on their insurance - and if they are covered - the insurance company will either call a public meeting or write to all those other people.

Where there is an immediate health hazard, or where neighbours cannot communicate or deal with the situation - the council can become involved and issue a Section 59
Notice under the Buildings Act - which gives those affected 8 weeks to comply and get the work done.

If the work is still not done the council can do it - then bill everyone.

The problems are enormous. It is not a case of dividing a length of sewer pipe between x amount of properties connected to it. Some properties will use the whole pipe - others hardly any depending where they are.

To compound matters, it is usual for the local water boards to have no plans of where 'your bit' of pipe lies. Some councils may have this information but again, it is more normal for them not to. Only proper CCTV surveys can define who uses which bit.

There's loads more I have learned - but the main thing is that if you are connected to a PRIVATE sewer - you DO have legal responsibility towards it.

Properties build before 1937 will almost certainly be connected to PUBLIC sewers and are not affected.

(Sewage undertakers will normally only take over a private sewer once it has been brought up to a certain standard - but this is an option for the future if the work has been done).

You can also get more information on this from DEFRA and Watervoice.

amboy

Great research.

My recent problem highlights how you should not trust your LA or assume they are the cheapest, they stated the sewer was private and the public road had to be closed, the neighbour who had the problem accepted the LA quote of 8k and then told his insurance.

Turned out they did not have to dig the road up and the Insurance valued the work at £2,500. The La knocked £2k off the bill when challenged but goes to show you have to be careful.

Biggest problem was trying to deal wit the emergency and trying to find prices from contracters who could work on public roads