Welsh water plans wrong, live pipe running under existing extension and where new extension is going

boymum85

Does anyone have experience with this? We purchased a bungalow and paid for the searches with the intention of extending an existing extension. Searches came back fine for the extension and planning permission was approved. On digging the foundations a pipe was discovered, Welsh water first said it was a live pipe, then it wasn’t a live pipe then back to being a live pipe. They want 13k to divert the pipe around the existing extension with our builder carrying out all the digging work. 

We wouldn’t have purchased this property knowing we wished to extend if their plans had been correct in the first place. We have complained to them through the solicitor but they haven’t given an outcome despite chasing for over two months. 

user1977

Does your solicitor think you have a case?

boymum85

Yes, the solicitor believes as there was an error in their plans they should waive the fees. However, she hasn’t dealt with a similar case previously so I was wondering if someone else had and what was the outcome. 

Section62

boymum85 said:

Does anyone have experience with this? We purchased a bungalow and paid for the searches with the intention of extending an existing extension. Searches came back fine for the extension and planning permission was approved. On digging the foundations a pipe was discovered, Welsh water first said it was a live pipe, then it wasn’t a live pipe then back to being a live pipe. They want 13k to divert the pipe around the existing extension with our builder carrying out all the digging work. 

We wouldn’t have purchased this property knowing we wished to extend if their plans had been correct in the first place. We have complained to them through the solicitor but they haven’t given an outcome despite chasing for over two months. 

Water company plans are not very accurate, especially when it comes to pipes in private land.  Usually their plans are issued with disclaimers that they only show approximate positions and other plant may exist which is not recorded on the plans. Their advice is typically to get surveys/trial holes done to confirm the situation rather than relying on their records.

If the water company involved did include such a disclaimer then you will probably have difficulty in making a claim against them.

What was the outcome on site - did you continue with the build, or have the foundation trenches been left open all this time?

boymum85

Section62 said:

boymum85 said:

Does anyone have experience with this? We purchased a bungalow and paid for the searches with the intention of extending an existing extension. Searches came back fine for the extension and planning permission was approved. On digging the foundations a pipe was discovered, Welsh water first said it was a live pipe, then it wasn’t a live pipe then back to being a live pipe. They want 13k to divert the pipe around the existing extension with our builder carrying out all the digging work. 

We wouldn’t have purchased this property knowing we wished to extend if their plans had been correct in the first place. We have complained to them through the solicitor but they haven’t given an outcome despite chasing for over two months. 

Water company plans are not very accurate, especially when it comes to pipes in private land.  Usually their plans are issued with disclaimers that they only show approximate positions and other plant may exist which is not recorded on the plans. Their advice is typically to get surveys/trial holes done to confirm the situation rather than relying on their records.

If the water company involved did include such a disclaimer then you will probably have difficulty in making a claim against them.

What was the outcome on site - did you continue with the build, or have the foundation trenches been left open all this time?

The foundations are open at the moment. It’s taken from November last year until June of this year for them to draw the plans for the diversion. 

They’ve said the pipe is a main feeding the rest of the street. 

sheramber

Where did the water company plans show the pipe going? 

boymum85

sheramber said:

Where did the water company plans show the pipe going? 

At the front of the property, the extension is at the rear. 

Robin9

As this is a main supplying the rest of the street I would have expected it to be subject to an easement/wayleave.

As there is such a discrepancy between  the front of the property and the rear - I suggest  that is outside the realms of a reasonable discrepancy.  

Section62

Robin9 said:

As this is a main supplying the rest of the street I would have expected it to be subject to an easement/wayleave.

I don't know if thre is anything different about the law in Wales, but water/sewerage undertakers had historic statutory powers to install their mains without easements/wayleaves.

Robin9 said:

As there is such a discrepancy between  the front of the property and the rear - I suggest  that is outside the realms of a reasonable discrepancy.  

I'm not sure of the meaning of "reasonable discrepancy"?  If the water company has said its plans aren't complete then finding a pipe where one isn't shown on the plan shouldn't be unexpected.

silvercar

Their lack of response should be reason enough to complain to the ombudsman. I would have thought the starting point in negotiations would be they pay for the diversion.