Idemnity on exisiting (falling down) structure possibly over lateral drain ?

Dan-Dan

Morning All

WIll check this with my conveyancer later but wanted to gauge opinion first

We are at the end of the process of buying a house , the water searches show a vague picture of drains (due to adoption Anglian water do not have exact plans) so it looks like a standard lean to might be over , partially the lateral drain in the back garden , again , it might not , but as no one can be sure , my solititor advised i think about the problem and let him know

I have done a bit of digging , and as http://www.anglianwater.co.uk/developers/sewer-connection/9D8C8EE86F5044E7B0A8CB4DE5946813.aspx

and specifically this bit :

I am selling/buying a property and a public sewer is shown under the existing building/extension. How do I establish if this was approved by Anglian Water and can I obtain retrospective approval?

If a building over agreement exists then a copy would have been provided to the owner to keep with the deeds of the property and to the local land charges department of the Council. A CON29 drainage search would identify if such a agreement existed. Under Part H4 of the Building Regulations 2000, consent may have been granted without the need for such agreement and therefore a copy of the Building Regulations approval document may suffice. Retrospective approval cannot be granted by Anglian Water.


To me because there is no copy of permission in the house particulars etc , this means that by buying the property , i then agree to undertake the risk that one day , the water company may need access to the lateral drain , and in the worst case , dig up the structure that `might` be over it..? (as in , it`s too late to get permission as the structure is already there)

My bigger problem is ,in my surveyors words the existing structure needs immeduiate work to make safe , as its rotting etc , we knew it was in not a good state when we offered , so were always intending to rip it out and replace

Should i be insisting on some sort of indemnity from the vendor , so that i can do this , without worry of our investment in a extension/conservatory being smashed to pieces and not being made good afterwards ?

Advice welcome!

Richard_Webster

I would suspect that this drain and building existed before October 2011? Is this right? Thousands of private sewers and lateral drains became automatically adopted at that time and the water companies generally did not know where they were.

If so, when built, the lean-to did not require a building over agreement and the water company are stuck with it.

Dan-Dan

Richard_Webster wrote: »

I would suspect that this drain and building existed before October 2011? Is this right? Thousands of private sewers and lateral drains became automatically adopted at that time and the water companies generally did not know where they were.

If so, when built, the lean-to did not require a building over agreement and the water company are stuck with it.

Hi Richard

the development was built in 1976 of 16 houses.

The lean to was built not by current vendors in approx 1991

In practice , if the lateral drain (which i belive may be shared with the neighbour in some way) needed work , and it was under the structure i build , what would happen?

Davesnave

The chances of anyone coming into your home and wrecking it to reach a drain are very small. I'm not saying it never happens, but when did you last read of it in your local rag?

It used to make me smile that there was this dire warning in the building over agreement we had, when its technical demands meant that we had built something resembling Fort Knox underneath our extension. These meant it would have been far cheaper to re-route the drain than attempt to get at it through the reinforced floors and bridges we'd constructed.

Modern techniques also mean there are now ways of re-sleeving drains without major digging.

Dan-Dan

Thanks Dave

I guess my solicitor is only looking out for my best interests

IS there even such a thing as an indemnity for this issue ?

Davesnave

Dan-Dan wrote: »

Thanks Dave

I guess my solicitor is only looking out for my best interests

IS there even such a thing as an indemnity for this issue ?

I don't know. All I can say is that it wasn't an issue raised at any stage when we sold the property.

Dan-Dan

Cheers Dave , appreciate your help

Richard_Webster

A lateral drain is a drain that serves another property but connects to a sewer.

So typically the first house on a drain run will have a drain that runs out of the back of that house under the garden and turns a corner and then runs under the fence into the next garden. Up to the fence line it is a drain and entirely the responsibility of the owner of that property. The drain then continues across the next garden and joins a drain coming from that house. From then on it is a sewer because it takes drainage form more than one property. The stretch of drain from the fence to the junction is a lateral drain. Both lateral drains and sewers are now generally the responsibility of the local water company.

If you now build anything more over a a lateral drain you will need a building over agreement. Work done before adoption would only have had to comply with the building regulations - although in a lot of cases glass lean-tos are exempt.

Dan-Dan

Hmmm i need to get the search results out and have a good look then , because if it`s a shared drain , it will be under the water companys ownership , even if its on (or under my land) ? and if it`s not shared ,then it doesnt matter what i build , because it`ll be my responsibility anyway?

this is my solictiors notes on it :


d) We discussed the Drainage & Water search at some length and confirmed that the property was connected to both mains water and mains drainage. However I did indicate to you that it was unclear whether the lateral drains surrounding the property lay. Such drains were taken into public ownership in October 2011. It is possible that the conservatory (existing or proposed) will be constructed over such drainage. Accordingly as and when you replace the conservatory it may be prudent to speak to the drainage authority in the event that you need a Build Over Consent. This may not be required both due to the history of building over and/or the non-existence of any drainage underneath. However it may be prudent to check the position at the appropriate time.

Richard_Webster

d)We discussed the Drainage & Water search at some length and confirmed that the property was connected to both mains water and mains drainage. However I did indicate to you that it was unclear whether the lateral drains surrounding the property lay. Such drains were taken into public ownership in October 2011. It is possible that the conservatory (existing or proposed) will be constructed over such drainage. Accordingly as and when you replace the conservatory it may be prudent to speak to the drainage authority in the event that you need a Build Over Consent. This may not be required both due to the history of building over and/or the non-existence of any drainage underneath. However it may be prudent to check the position at the appropriate time.

I agree. Sensible advice.

The drain does not have to be shared for it to be the water company's responsibility - as I said - a lateral drain is one under your property that isn't shared but only serves another property.

If you do building work over a a non-shared non- lateral drain you may still need to check with building control as to whether they have any requirements.

Dan-Dan

but if the water authority has no idea of the exact layout , then isnt it all guesswork and an easy £350+ for them to just issue build over permissions ?