Drainage rights

Nattyasher

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.

victor2

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?

mrschaucer

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.

Nattyasher

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

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!

Nattyasher

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

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/

Nattyasher

Read yes. We are all good with that and deeds.

keystone

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