Built Over Manhole - Just Purchased

RoloGolf

Hi All, 

hopefully I’m posting this in the correct section, 

I’ve recently purchased my first home (FTB) December 2024, the property has a 2 storey side extension which I have building reg approval certificate for this in 2007, 

however a recent drainage issue has brought too light that during the construction of the extension, they have built over the private foul manhole ( now in the utility ) and I have issues with the cast pipe used that the camera has picked up, 

i was never made aware of there being a manhole built over during any of the conveyancing process or RICS survey, 

my worry now, is after doing a bit of research with ST adopting manholes in 2011, with there not being a BOA in place when the work was done (2007) will this affect them fixing anything in the future or demanding access to the manhole, 

id like to know where I would stand legally with not being told any of this during the sale and any advice on where to go from here? 

Thanks

Doozergirl

The fact that you have a Building Control

Completion Certificate means that the work done conformed at the time. 

There is no issue.  I would not have expected it to be raised during conveyancing.   A BOA would only be raised if it was built from 2011 onwards.  

housebuyer143

As above, you don't need a build over agreement as it was built before 2011. The water company would have adopted it in its current state.
You were allowed to build over private drains so the fact that they did is not an issue, although it is for you as it's in your house. 
They have no obligation to tell you anything unless you ask the question unfortunately.

RoloGolf

Thanks for the replies, I’ve been digging a little deeper into my paperwork and discovered that the completion date for the extension was 2012, but the planning approvals were 2007, would this affect the need for a BOA? 

Thanks

user1977

More likely to be determined by when the consents were granted, rather than when works were finished - you don't need to keep on changing your project halfway through because the regulations have changed.

Section62

RoloGolf said:

Thanks for the replies, I’ve been digging a little deeper into my paperwork and discovered that the completion date for the extension was 2012, but the planning approvals were 2007, would this affect the need for a BOA? 

The planning approval date is irrelevant.  The date the work actually started is more likely to be the important one.  If the extension hadn't been built before the sewer became public then a buildover agreement would have been required.  What exactly is the "building reg approval certificate" from 2007?  Is it approval of plans, or a completion certificate?  If the extension was completed in 2012 then that is a long time on from 2007... what was happening inbetween?

Are you sure the drain was private before 2011?  There were a lot of shared drains which existed as public sewers prior to 2011, and these would have necessitated a buildover agreement.  Do you know how old the house is?

By "cast pipe" do you mean cast iron, or something else?

RoloGolf

user1977 said:

More likely to be determined by when the consents were granted, rather than when works were finished - you don't need to keep on changing your project halfway through because the regulations have changed.

thats how i would understand it, i can no longer see your previous reply, but i was mid way through replying too it, but no the seller never mentioned anything about the extension, they purchased the property in 2018

RoloGolf

Section62 said:

RoloGolf said:

Thanks for the replies, I’ve been digging a little deeper into my paperwork and discovered that the completion date for the extension was 2012, but the planning approvals were 2007, would this affect the need for a BOA? 

The planning approval date is irrelevant.  The date the work actually started is more likely to be the important one.  If the extension hadn't been built before the sewer became public then a buildover agreement would have been required.  What exactly is the "building reg approval certificate" from 2007?  Is it approval of plans, or a completion certificate?  If the extension was completed in 2012 then that is a long time on from 2007... what was happening inbetween?

Are you sure the drain was private before 2011?  There were a lot of shared drains which existed as public sewers prior to 2011, and these would have necessitated a buildover agreement.  Do you know how old the house is?

By "cast pipe" do you mean cast iron, or something else?

sorry i should have been more clear, yes its approval of full plans 2007, completion date 2012, clay pipe sorry, as far as im aware yes it is private thats been built over then runs into another manhole that picks up neighbouring drains, i have the drainage drawings but it shows nothing on or near my property ( or neighbouring )

doodling

Hi,

If it is a fully private drain (I.e. the inflow and outflow is only your waste) then it would never have been adopted and it remains your responsibility to keep in good repair.

It is only sewers carrying the waste from more than one property that are adopted. 

RoloGolf

doodling said:

Hi,

If it is a fully private drain (I.e. the inflow and outflow is only your waste) then it would never have been adopted and it remains your responsibility to keep in good repair.

It is only sewers carrying the waste from more than one property that are adopted. 

That’s correct, it then flows into another manhole on my property the connects to adjoining neighbours 

housebuyer143

Whatever you do don't go calling the water board for their advice. If you come to sell you should be able to buy an indemnity policy if needed, but not if you tell the water board.