CON29DW report incorrect - options ?

stroke · 16 October 2018 at 9:50AM

We've had a long-term issue with a blocked surface water drain causing flooding to my & neighbours grounds, complicated by various factors:

- We live on a private road (so the council are not interested)
- It's a surface water drain, taking run off from the road (and I believe another watercourse in the area)
- The drain passes through my property boundary, with a manhole cover/access
- It then runs through my neighbour's boundary
- And discharges into a watercourse running along a farmer's field at the edge of our boundaries.

Although it is a shared drain, I believe it was not adopted under the 2011 reg changes as it discharges into a watercourse, not into the public sewer system ??

The local water company (Thames Water) state it is not their asset - so are not responsible for it.

The council's sewer map identifies the drain as a Thames Water managed asset.

I paid for a CON29DW report - from Thames Water Property Searches, which detailed the following in relation to the drain:

- 2.2: Does surface water from the property drain to a public sewer?
A: Connected
- 2.3: Is a surface water drainage charge payable?
A: Charge Payable
- 2.4 Does the public sewer map indicate any public sewer, disposal main or lateral drain within the boundaries of the property?
A: Yes

The report includes the drain maps, which shows that the drain is "Operated & Maintained by Thames Water", with the sewer key showing it as:

"Surface Water Sewer: A sewer designed to convey surface water (e.g. rain water from roofs, yards and car parks) to rivers, watercourses or a treatment works."

So, I raised a complaint with TW direct, asking them to adopt the drain as the mapping shows it is their asset.
They declined to adopt (as it discharges into a watercourse), and instead gave me a rebate on surface water drainage charge.

I escalated it to the Consumer Council for Water, but ultimately TW maintained their stance, and CCW could take it no further.

I think my next step is to raise a complaint with Thames Water Property Searches regarding the information in the CON29DW report. And then refer it to the Property Ombudsman scheme (TPOs).

Ideally, I would like TW to adopt the pipe and maintain it.

Welcome any advice on this

fatheroffour2007 · 7 May 2020 at 10:00PM

There is nothing that can be done on this im afraid. Sewer plans are frequently incorrect particularly when it comes to culverted watercourses. The statutory undertakers (thames water) have a legal duty to amend them when they are incorrect under s199 Water industry act 1991. The only thing that can be done is you can ask OFWAT to punish them for not updating there records in a timely manner depending on how long they were aware of the error.