Can't sell property - advice needed

Jayne_501

Our house has fallen through several times now and we are at a loss as to what we can do.  We were first time buyers and only by deciding to sell we have discovered that our property has fallen through due to unadopted sewers. This was never mentioned when buying to us, it never cropped up as alarming or was an issue. We bought in 2009. We have taken it up with our solicitors, they say solicitors are now risk adverse these days and we've been unlucky with sales but it is obviously a bigger problem. Latest buyer couldn't get the lender to lend due to it.  We did think about negligence but no solicitor seems to want to take it on. What do we do? How did we get a mortgage? It was ok when we bought it and now suddenly no one will buy it. We have never had an issues with sewer. We do eventually  go into the main public sewer via a school which is the private element but we have a legal easement in place.  Help! 

londonlydia

No expert but seemed interesting so had a quick google. I found this:
Transfer of private sewers - Ofwat

Looks like between 2010 - 2016 they ordered that many of these sewers got adopted. The advice there is that if you have an unadopted sewer, you should apply to the sewerage company to have it adopted. Worth a shot?

Falafels

This seems a bit strange. All private sewers were taken over by the water companies in 2011, unless they emptied into a soakaway, cesspit or septic tank; more here: https://www.water.org.uk/wp-content/uploads/2019/03/Private-Sewer-Transfer-Water-UK-Template.pdf.

The property I sold recently had had a private sewer which had subsequently been adopted; there were enquiries raised by my purchaser's solicitors around it, which I responded to - pointing them to the relevant legislation and a pile of supporting paperwork - and it went through OK. Within my experience, solicitors aren't necessarily aware of this legislation.

You may also find the following link helpful, especially the part about unadopted sewers and who to contact to check whether yours has been adopted or not: https://www.citizensadvice.org.uk/consumer/water/water-supply/sewerage/who-is-responsible-for-repairing-drains-and-sewers/

Good luck!

Jayne_501

Thanks guys, we live in Northern Ireland so unfortunately that law doesn't apply here which is so unjust when rest of UK have it. I've had water company out, we only have one regulator here NI Water and it is seemed private because it goes via the school, a third party and cannot be adopted in it's current state, cost money to get a direct line. They said there are other developments like us, not uncommon and it is what it is.  It still isn't getting passed though. New law in 2011 here to say that developers of 2 or more houses must be adopted but seems we are the scapegoats as we bought in 2009 and nothing in place for those that are outside of this. Help! Why should we have to sell at a loss etc or drop price. Never had an issue, it is a paper exercise but a big problem which is halting our sale.