Unadopted drive with a sewer on it

JDandSharks

Hi all

I’m just wondering if I can get some advice on a situation with a sewer on an unadopted drive. I’ve just completed on a house and when the surveys were done it did not reveal the presence of a surface water drain, within the boundary of the property but on a private road/drive serving multiple properties. I’ve asked the conveyancer who said it should be adopted as there is an existing section 104 and it falls under the 2011 legislation relating to the adoption of public sewers. It’s a new build estate (of around 6 years) so I contacted the home builder and asked them and they said the sewer won’t be adopted as it was not included in the section 104 as it’s an ‘old site’ and ‘first offs’.  I’m really struggling to understand as the section 104 is very general about the sewerage. Furthermore, I am struggling to understand how if it serves multiple properties and connects to the established sewer system it can’t be adopted. 

Could anyone advise me at all? Do I have any recourse to getting it adopted if it wasn’t included in the original 104? 

Thank you

Section62

JDandSharks said:

....I’ve asked the conveyancer who said it should be adopted as there is an existing section 104 and it falls under the 2011 legislation relating to the adoption of public sewers. It’s a new build estate (of around 6 years)...

Furthermore, I am struggling to understand how if it serves multiple properties and connects to the established sewer system it can’t be adopted. 

The 2011 legislation covered drainage which existed on or before 1 July 2011.  So if the development is only 6 years old then it wouldn't be covered by the regulations.

The idea was that anything constructed after 2011 with shared drainage would be subject to adoption, but adoption (AFAIK) remained semi-voluntary on both the developer and the water company.

If the developer doesn't want to do the work to make the shared drainage adoptable then the water company isn't obliged to adopt... or at least won't be until the next 2011-type legislation comes along. (the previous one was 1936/1937)

The developer and water company jointly decide what drains will be adopted as part of a S104.  It isn't a case of "can't" be adopted, just one of willingness on both sides to agree.

Once a development is completed and the last property is sold, the developer has little incentive to do anything more about ensuring adoption of sewers... unless they have retained responsibility for the sewers until adoption.  What do your deeds say about this, who currently has responsibility?

JDandSharks

Thank you for your response that’s really helpful.

This is a woefully naive question, but what are the deeds? I have a number of documents pertaining to the lease, boundary etc. so thought these documents in general constituted the deeds. However, is it something more specific? 

Based upon the lease (as its leasehold) the conveyancer determined the private drive was shared between the houses that front it. They did not determine anything about the sewer as their report did not even locate it. It’s within our boundary but serves all the properties around us. During retrospective conversations the conveyancer feels the drain falls under the section 104 and the legislation from 2011. However, as I say, the home builder is suggesting otherwise. 

Just as an additional piece of information, the land registry does not show a drain in our boundary. The report the conveyancer produced said there were no drains/sewer in the curtilage of the property. However, this cannot be true as I can see it on a map provided by the home builder (as well as being able to see the manhole itself). This leaves me thinking that it is yet to be identified. 

I think they have retained responsibility for it and our private drive until they are adopted, but they are rejecting this. 

Section62

JDandSharks said:

This is a woefully naive question, but what are the deeds?

I used it as shorthand for any/all the documents that formed the contract(s) for the original and any subsequent sales of the property.

If the conveyancer thought there were no drains/sewers within the curtilage of the proeprty then how did they think the property was drained?  Usually you start with the presumption there is drainage from the property, then ask the question how that drainage gets to a public sewer.  That process would typically uncover the existence of unadopted shared drainage... so long as wrong assumptions about where the 'public' part starts aren't made.  Once you know there is unadopted shared drainage the next question would be 'who is responsible for that?'.

JDandSharks

The report they produced states that surface water does drain into a public sewer and identifies a water company who is responsible. However, it does not identify that this is via a shared lateral drain on a private drive but within the boundary of our property. So in effect, it appears it has not identified a step prior to it entering the public sewer. 

In terms of responsibility, the home builder says it is all the homes it serves, the conveyancer says it is the water company, and when I’ve phoned the water company they say we don’t even know it exists and doesn’t show on our maps, but if it serves multiple properties it’ll be theirs. But I’m a little dubious about this as it was answered by general customer service and not a specific department who may deal with this stuff.  

GDB2222

Have you read the Ofwat explanation?

https://www.ofwat.gov.uk/nonhouseholds/supply-and-standards/responsibility-supply-pipes/

johnhenstock

But leaving aside the legalities, what exactly is the issue? Plenty of properties with a public sewer within their boundary, no issue at all.

JDandSharks

Thank you for the Ofwat website, I have seen it but struggled to interpret it in relation to my specific circumstances. 

John - I think it’s due to the liability aspect, cost and as it’s in our boundary the other homes it serves maybe passing this onto us rather than contributing to its maintenance.