Rainwater drainage

Atomichamster

My neighbour and myself share a foul and rainwater drain.  Our houses were built in 1975 on heavy clay so a soakaway for rainwater wasn't an option as there was already some flooding on the verge that our land naturally drains to.  

My neighbour has recently put in a planning application to build a two storey extension to the side which will be over my rainwater pipe. 

The council are suggesting that my rainwater pipe be removed from the drain and taken to a soakaway on my garden.  The water company are now involved and have agreed with the council.  This will all be at my expense and I know it will flood my land.  Any suggestions on what I should do next would be greatly appreciated.

Bigphil1474

I'd tell them to sod off personally. If your neighbour wants the extension built, then they should be paying for any adjustments needed for your drainage. You shouldn't be out of pocket. I don't know enough about soakaways to advise, but not sure what it has to do with the water board either, other than it's easier for them if you don't connect to their drains. To be fair, the rainwater will land on your garden anyway so moving the drain shouldn't suddenly cause massive flooding, but is the verge still a problem? And presumably the water board have said you'll get a discount off your bill if you move the pipe?

Anyway, do you have a legal protection on your house insurance? Give them a ring for advice.

Section62

Atomichamster said:

My neighbour and myself share a foul and rainwater drain.  Our houses were built in 1975 on heavy clay so a soakaway for rainwater wasn't an option as there was already some flooding on the verge that our land naturally drains to.  

My neighbour has recently put in a planning application to build a two storey extension to the side which will be over my rainwater pipe. 

The council are suggesting that my rainwater pipe be removed from the drain and taken to a soakaway on my garden.  The water company are now involved and have agreed with the council.  This will all be at my expense and I know it will flood my land.  Any suggestions on what I should do next would be greatly appreciated.

If your surface water has (lawfully) been discharging into a pipe which crosses your neighbour's land before going into a public sewer then:

1) The pipe in your neighbour's garden is a public sewer from your property boundary and is the responsibility of the water company to protect/divert, if necessary at the neighbour's expense.

2) You have a legal right to continue to discharge your existing surface water into the public sewer, unless the water company goes through a formal disconnection process.

I would ask the water company for details of the legal powers they intend to use to disconnect your property from the public sewer, what right of appeal you have, and how much compensation they intend to pay you.  That ought to get them thinking more carefully.

Atomichamster

Section62 said:

Atomichamster said:

My neighbour and myself share a foul and rainwater drain.  Our houses were built in 1975 on heavy clay so a soakaway for rainwater wasn't an option as there was already some flooding on the verge that our land naturally drains to.  

My neighbour has recently put in a planning application to build a two storey extension to the side which will be over my rainwater pipe. 

The council are suggesting that my rainwater pipe be removed from the drain and taken to a soakaway on my garden.  The water company are now involved and have agreed with the council.  This will all be at my expense and I know it will flood my land.  Any suggestions on what I should do next would be greatly appreciated.

If your surface water has (lawfully) been discharging into a pipe which crosses your neighbour's land before going into a public sewer then:

1) The pipe in your neighbour's garden is a public sewer from your property boundary and is the responsibility of the water company to protect/divert, if necessary at the neighbour's expense.

2) You have a legal right to continue to discharge your existing surface water into the public sewer, unless the water company goes through a formal disconnection process.

I would ask the water company for details of the legal powers they intend to use to disconnect your property from the public sewer, what right of appeal you have, and how much compensation they intend to pay you.  That ought to get them thinking more carefully.

Thank you.  Yes, it has a legal right to cross the neighbour's land and I will consult my home insurance legal.

Section62

Atomichamster said:

Section62 said:

Atomichamster said:

My neighbour and myself share a foul and rainwater drain.  Our houses were built in 1975 on heavy clay so a soakaway for rainwater wasn't an option as there was already some flooding on the verge that our land naturally drains to.  

My neighbour has recently put in a planning application to build a two storey extension to the side which will be over my rainwater pipe. 

The council are suggesting that my rainwater pipe be removed from the drain and taken to a soakaway on my garden.  The water company are now involved and have agreed with the council.  This will all be at my expense and I know it will flood my land.  Any suggestions on what I should do next would be greatly appreciated.

If your surface water has (lawfully) been discharging into a pipe which crosses your neighbour's land before going into a public sewer then:

1) The pipe in your neighbour's garden is a public sewer from your property boundary and is the responsibility of the water company to protect/divert, if necessary at the neighbour's expense.

2) You have a legal right to continue to discharge your existing surface water into the public sewer, unless the water company goes through a formal disconnection process.

I would ask the water company for details of the legal powers they intend to use to disconnect your property from the public sewer, what right of appeal you have, and how much compensation they intend to pay you.  That ought to get them thinking more carefully.

Thank you.  Yes, it has a legal right to cross the neighbour's land and I will consult my home insurance legal.

Always worth talking to home insurance legal protection if the service is free, but you might find they lack the technical knowledge to give you a definitive answer.

Based on what you've said I think the relevant legislation is probably S116 of the Water Industry Act 1991.  In essence, if you are lawfully discharging to the sewer then the water company can only abandon the sewer if they provide an alternative and connect you to it.  See S116(3)(a) and (b)

https://www.legislation.gov.uk/ukpga/1991/56/section/116