Shared drain "build over agreement" / indemnity

stranex

Hi all,

We are in the process of selling our house, constructed in 2006.

The house forms parts of a small estate of 4 houses and the sewers from these properties join uo and run under our driveway (block paved) and side entrance path before exiting the property and "estate" boundary to public sewer.

The buyers solicitor is demanding a copy of a build over agreement or, indemnity insurance in lieu of such agreement. I have had no knowledge this was required and my solicitor doesn't seem able to explain clearly to me why it's required either.

From my (limited) research, this seems to be a result of the 2011 change when water companies became responsible for any shared drain running under private property. However, the build over agreements and indemnity only seem relevant if there is actually a "construction" over the drain, not a path or driveway? There are three access points on our property.

Can anyone please advise if they think we need a build over agreement or if we need to pay for the indemnity out of the sale proceeds for the buyer as both solicitors are suggesting?

Many thanks!

Davesnave

Since 2010 there has had to be consultation with the water authority before building within 3m of a public sewer, as that's in the Building Regulations Part H4.

What the regulations stated in 2006, I can't say, but at that time the relevance would have been to shared private drains, not public, as you suggest

I would tell the other side's solicitors that the estate was built and signed off to the council's satisfaction in 2006 (or whenever) and that the modern building regs as regards drainage do not apply.

If they still come back on this, it's very likely that some useless indemnity policy will be a lot cheaper than attempting to get retrospective permission from the water authority.