Extension Over a Now Public Sewer

cwcw

Earlier this year we pulled out of a purchase due to an extension over a mains public sewer with no consents, and a load of other issues (some even worse). We are now in the process of buying again...

History has repeated itself, but this time it seems the public sewer is not a mains one - that's all under the road, unlike with the previous property. However, the drains to the main sewer are shared with 3 other properties and hence are now adopted as a public sewer. The extension on the house is built over this now public sewer (and the same for a couple of others judging by the map).

Does anyone know the implications of this? My previous purchase was much clearer, as that *should* have had permission to build over at the time. This current purchase is less clear - at the time the extension was built, it was a private drain and the homeowner could build over it if he wanted to (subject to Planning Permission, which it has got). If it needed repairing, the Water Authority would potentially need to dig out under the extension to access it, and as no "build over consent" is in place, would we be liable for putting it all right afterwards?

cwcw

Bump. .....

cwcw

groggyleek wrote: »

It is difficult from your message to ascertain the timings of when and how this extension building work happened and when did the sewer become public?

You could repeat the question with only the new property details. However, my advice would be to to contact the local water company and make sure it is all legally above board before you purchase the property.

Extension done in 1970s. Sewer adoption law came in Oct 2011.

There must be thousands of cases like this. Overnight, in Oct 2011, suddenly all shared private sewers (accounted for around 50% of drains) were adopted as public sewers. What were previously the homeowner's property to build over at their own will and risk, suddenly became protected public property. Yet there is no clarity in any of the information publicised anywhere about where this leaves people legally.

polophonic

cwcw wrote: »

Extension done in 1970s. Sewer adoption law came in Oct 2011.

There must be thousands of cases like this. Overnight, in Oct 2011, suddenly all shared private sewers (accounted for around 50% of drains) were adopted as public sewers. What were previously the homeowner's property to build over at their own will and risk, suddenly became protected public property. Yet there is no clarity in any of the information publicised anywhere about where this leaves people legally.

I'm in the same situation. The house I am looking to purchase has an extension either over or at least very close to a public sewer. The vendors knows nothing about this. No checks were made before it was built. The matter is currently with my solicitor. When I get word back I will update this thread.

The probability that the water company would want to gain access is slim. But non-zero. Other than get some sort of agreement in principle from the water company it may be possible to get indemnity insurance of some kind to cover this risk.

Davesnave

I built over a public sewer in the late 1980s, with an agreement in place.

The foundations and other modifications required were truly massive, but the water authority reserved the right to enter the property and break up the floors to reach their sewer.

Had they tried to do this, it would have meant complete demolition, but I was not especially worried because:

(a) old sewers are often re-lined without the need for invasive techniques

(b) in extremis, it would have been cheaper & easier to re-route the sewer

I sold the property in 2008. No questions asked. I imagine indemnity insurance would be a way forward for the thousands of others affected in this way by private sewer adoption.

silvercar

..... at the time the extension was built, it was a private drain and the homeowner could build over it if he wanted to (subject to Planning Permission, which it has got).

New rules are rarely retrospective. It had permission at the time and now the water authorities have responsibility for maintaining it. Should the worst happen and the sewer under the house fail, in all likelihood the authority will re-route the now public sewer.

moneyistooshorttomention

silvercar wrote: »

New rules are rarely retrospective. It had permission at the time and now the water authorities have responsibility for maintaining it. Should the worst happen and the sewer under the house fail, in all likelihood the authority will re-route the now public sewer.

I would imagine any question of re-routing a public sewer would depend on the location in question. Maybe possible with detached houses in fair-size plots - but not in rows of little terrace houses.

I have had to draw attention to a (now public) sewer because of a neighbours activities recently - and I very much doubt they could re-route the sewer concerned if they wanted to and I also doubt very much the neighbour would get indemnity insurance (though HE hasnt told anyone anything - I have had to do so to protect my own property....so the Water Board knows about his extension over their property).

Davesnave

moneyistooshorttomention wrote: »

HE hasnt told anyone anything - I have had to do so to protect my own property....so the Water Board knows about his extension over their property).

How does someone else's extension put your property in jeopardy? Surely this is what the Party Wall Act is for?

You do know about the Party Wall Act?

Pansy_Potter

We have recently had a similar situation with a new extension and had to enter a Building Over agreement with the Water Board. It was quite a simple process which also involved taking out an indemnity assurance in case excavation was needed at a later date.

polophonic

Pansy_Potter wrote: »

We have recently had a similar situation with a new extension and had to enter a Building Over agreement with the Water Board. It was quite a simple process which also involved taking out an indemnity assurance in case excavation was needed at a later date.

Do you mind me asking how much that insurance was?

Slinky

That's interesting. We have a buildover agreement with regards to our extension. Indemnity insurance was never mentioned. We're lucky in that we're not actually over the top of the sewer, it's just a few inches away from the corner of the footings at a 45 degree angle so could be dug out without having to knock the building about.