Advice re Sewers within property boundary

bliss

Hi all, been lurking for a while but never posted. We had an offer accepted on a house early September last year. 
Things seem the have been dragging with our solicitors, but I feel as though that's a common theme within this Forum. 
Partner and I are FTB, and have had little to no updates from our solicitors, despite asking. Still not received the fixtures and fittings which I've asked for and been promised a number of times. They have never informed us of what enquiries they have sent to the vendors solicitor, and of any replies they have received! 
Anyway I received an email from a guy at the solicitors firm (now the 4th or 5th person I've been in email contact with at this firm..)  was wondering if anyone out there could offer any advice? 

"I have had a chance to speak to our locum solicitor who is dealing with your file as I am his assistant, looking at what our locum has said regarding your matter there seems to be a sewer located within the boundary of your property, but of course we can only tell that by looking at the attached plan which I have attached for you.

 

A sewer in the boundary can cause a whole lot of issues as the sewer will need to be three metres away from any building, as it is illegal to build within this space and could be ordered to even demolish buildings which are ( that’s a worst-case scenario of course ).

 

I assume that this is the indemnity policy that the other side could be offering? The problem with indemnity policies is that they are time limited, and you could have one which will last say 35 years but the problem here is when you come to see the property you may not even get another policy.

 

In any even the indemnity policy if any offered will need both your approval and your lenders approval.

 

The EPC has also come back as a category F, which we will also need to be referred to your lender.

 

Please can you have a look over the attached plan and advise if you feel that the sewer is located within 3 metes of the property or any building."

The indemnity policy does not relate to the sewer issue, I have spoken to EA and they were not aware of any enqs in relation to swers, the indemnity is in relation to no documentation in relation to a precious change of use (shop to residence Many moons ago) 

In terms of the EPC, we are aware and will be making upgrades when we move in. Very frustrating that the solicitors are only now looking to inform the lenders about this, given we and they knew the EPC was this low when we instructed them in September! 

The worry is the risk in relation to the sewers, I have replied to the solicitor and stated that from the plan it appears that the sewer could be within 3m of what is almost an outhouse of the property (under next doors property - the house is a bit higglepiggledy) but is there any way we can find out how close for certain, given the plan gas no scale and I'm they are not super accurate! 

davidmcn

Have you ever heard of a building, anywhere, being demolished in order to get access to a sewer? No, me neither. It isn't that big an issue.

TadleyBaggie

bliss said:

Hi all, been lurking for a while but never posted. 

Your posting history says otherwise...

bliss

TadleyBaggie said:

bliss said:

Hi all, been lurking for a while but never posted. 

Your posting history says otherwise...

Apologies, I meant in the House buying thread. I havent posted in the forums for years. ☺ Thanks for your help . 

AdrianC

bliss said:

A sewer in the boundary can cause a whole lot of issues as the sewer will need to be three metres away from any building, as it is illegal to build within this space and could be ordered to even demolish buildings which are

This is complete and utter codswallop. Our old house had a drain under the living room - the main drain for half of the next road over.

Irishpearce26

The sewers on a property came under ownership with the utility companies in 2011, prior to this they were private and as such unless your covenants state you didn't have to get approval. Post 2011 a build over agreement would need to have been granted from the utility company which means that you can build but if the utility company needs to access a certain part of the pipe that is under your building they can break through the floor but will help cover costs. It also means that your insurers would pay out in the event they need to as you had the appropriate permissions.

If the sewer was installed at the same time the house was built then you have nothing to worry about. If the building was built post 2011 and is within 3m and doesn't have a build over agreement then indemnity insurance will offer some protection. 

Seashell517

The house that I'm buying was built over a sewer. There was a camera check of the pipes before and after building, with the water company signing off that they were happy the sewer hadn't been affected by the building going on over the top. It has the potential to effect the ability to extend, depending on the size, depth and any access needed to the pipes, if the route of the sewer is even somewhere that you might potentially want to build. Is it?

Doozergirl

Is that quoted from their email?! 

That is a shockingly poor understanding of the rules.   You'd think a solicitor would understand the difference between illegal and unlawful in the first place but I'd expect that level of misunderstanding and subsequent excitement from a FTB, not a professional.  

Irishpearce has explained it far better!  

Doozergirl

There is something going wrong.  What has the estate agent said?  To not have the F&F forms suggests that the vendor themselves has done nothing, but given the quality of reply you've received, I really wouldn't put anything past the firm you are dealing with.  

Who are they? 

Irishpearce26

Remember if you engage the utilities company or council RE to see if permission was granted you will void any chance of indemnity insurance. If in the event a build over agreement was needed and your vendor cant provide proof that one was granted get indemnity but do not talk to the utility company. It is very unlikely they will need to do anything anyway as any problems would have come to light already.