Retrospective buildover agreement

Azpb578

I am in the process of buying a property,  which has a ground floor extension and a conservatory on the back of that. The extension was built across the sewer pipe prior to 1997 and the property is being sold by the son as part of probate.

 The difficulty being, there are no plans or building regs so there is no physical proof to prove the date of the extension,  which my solicitor feels is a significant concern. I am now not able to take out an indemnity policy because the surveyor recommended a cctv drain survey to ensure the sewer pipe was sound and the survey revealed fractures in not the sewer pipe that runs under the extension, but the sewer pipe that runs along the side of the property.

 Because I now know that at some point repairs will need to take place, the insurance company , indemnity policy, will not guarantee pay out as they cannot predict how Thames Water will respond when they find out about having no buildover agreement or having proof the extension being built prior to 1997. The owner is liaising with Thames Water who want the plans of the extension to consider a retrospective buildover agreement,  which can't be provided.

 From my own investigations I know the sewer pipe under the extension is good, there is a inspection chamber and a manhole cover so access for repairs can be gained. Common sense tells me that the extension must have protected the sewer pipe for there to no problems with pipe. 

I am now being told that I either buy the property or withdraw as it seems Thames Water cannot proceed any further without plans. What will that mean when trying to buy household insurance if I can't find resolution with Thames Water. 

My buyer has given me a deadline if 2 weeks or they will withdraw from the sale. Any suggestions and does anyone have an experience of gaining a retrospective buildover agreement with Thames Water?

user1977

Azpb578 said:

What will that mean when trying to buy household insurance

Nothing, because it's not something they ask you about on the proposal form. Though it won't of course cover you for any existing problems anyway.

Jonboy_1984

How many other houses does the built over pipe serve?

Section62

Azpb578 said:

Common sense tells me that the extension must have protected the sewer pipe for there to no problems with pipe.

It could just be luck. Building over a pipe without protection doesn't automatically mean the pipe will fail. E.g. If the pipe passes through the concrete of the foundation it won't necessarily fail due to loading (in some cases pipes are deliberately encased in concrete).

The main issue is differential movement - for example where the pipe is embedded through a concrete foundation which starts moving downwards as the foundation is loaded by the building above.

It is quite possible for someone to get lucky with the pipe not being damaged during construction and for 'x' years after, only for it to fail at some point in the future when ground conditions change.

When water companies require their pipes to be protected it is with one eye on the long-term future of the pipe, not necessarily what is happening to it in the short term.

Azpb578 said:

My buyer has given me a deadline if 2 weeks or they will withdraw from the sale. Any suggestions and does anyone have an experience of gaining a retrospective buildover agreement with Thames Water?

I suspect it is unlikely TW will give a retrospective agreement in a situation where so little is known about the work that was done, and possibly so long ago.

One important question to clarify is whether the pipe was a public sewer at the time the extension was built.  There was a mass-adoption of shared drains in 2011 - if this pipe is one of those, and if you can demonstrate the extension was built before 2011, then a buildover agreement wasn't required in the first place.

Azpb578

Jonboy_1984. The pipe serves 2 other properties 

Jonboy_1984

So as @Section62 says it was likely adopted by Thames Water under the 2011 legislation, and so unlikely to have required a build over agreement at the time the extension was built.

Did your seller purchase it before 2011, and do they have their original water searches as this would possibly show the extent TW were aware of when they bought it.