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Drainage rights

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Dear all, I was hoping to get the answer to the following issue...

A neighbours drains run across our garden and join with ours at a manhole. We are planning to build an extension over this part of the garden and relocate the drains and manhole behind the new extension.

My qn is this... If we have building regulation approval and a build over approval from Thames water for what we want to do do we also have to get our neighbours approval, and can they stop us from moving their private drain even if we meet all the required standards. If we do need to do something else, what is it?

Hoping you can help as my party wall surveyor, architect and building control officer cannot seem to answer that one.

Comments

  • victor2
    victor2 Posts: 8,094 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper
    You can get airtight manhole covers, so could build over it so long as it is still accessible and not where something like a wall goes. If you're having a concrete or tiled floor, you just make sure you get a cover designed for such a purpose. It would be disruptive to open, but not impossible, and how often is access required?

    I’m a Forum Ambassador and I support the Forum Team on the In My Home MoneySaving, Energy and Techie Stuff boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. 

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  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper
    It's only their "private drain" as far as their boundary with your land. Then it becomes a "lateral drain", and the responsibility for it lies not with your neighbour but with your local water company. If you have the build over agreement with Thames water, then I don't think you have a problem, but you could phone them to check on rights.
  • Thank you both. Thames water says that they will not approve sealed manholes in homes as they do not have access. This is since October last year I think.
    As for it being a lateral drain... Bingo. I have just read about that online. So it seems that provided Thames water agree to the plan (fingers crossed) then there is no issue with the neighbours as we will not be altering anything that is on their land. This has been a huge stress over many months... I reccommend a drainage search to all buying property... We didn't even know this was here when we bought as it was patio'd over and not on the water searches.
  • victor2
    victor2 Posts: 8,094 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper
    Nattyasher wrote: »
    Thank you both. Thames water says that they will not approve sealed manholes in homes as they do not have access.

    Interesting that. We were looking at a similar thing and using a sealed manhole was what a builder (and friend I trust) told us.
    Wonder what would happen if you just went ahead and did it, and then access was needed? In over 20 years of owning the property, access has never been required, but you wouldn't want the water company saying you'd got to move the drain after you'd built over it!

    I’m a Forum Ambassador and I support the Forum Team on the In My Home MoneySaving, Energy and Techie Stuff boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. 

    All views are my own and not the official line of MoneySavingExpert.

  • Apparently building regs will now ask whether there are any drains being impacted by the works and if so they will require sight of the build over notice from the water co. I am completely new to this sort of thing, but I have learned to great cost, and delay to my build, that the drainage issue should be resolved before doing anything else!
    If it's just your drains though it's ok.. Coz it's not the water co.s problem if it goes wrong, not that there is any reason why it would. Several builders also told me to put I in the kitchen. It's just the water co. Tat said no... But a different water co. On a different day may be a diffrent answer.
  • Cardew
    Cardew Posts: 29,058 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    Surely your deeds and that of the neighbour would have to include the provision that they have access to the inspection chamber.

    I take it you have read this?

    http://www.planningportal.gov.uk/buildingregulations/approveddocuments/parth/
  • Read yes. We are all good with that and deeds.
  • keystone
    keystone Posts: 10,916 Forumite
    The inspection chamber is only there because thats the point where their drain and yours join together. Reroute your drain towards theirs and create a new chamber outside the boundary of the build.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
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