Verandas and extensions are the usual culprits when plots of land are built on top of a connected sewer. If the construction work was carried out after the receipt of the sewer and no development agreement was concluded before the start of the work, the local water authority has the legal right to enter the property in order to access the sewer, even if this means that the structure above the sewer will be damaged or demolished. Although most local water authorities strive to avoid damage, they are not required to return the property to its previous state. If a construction contract has been concluded, the water company does not have the right to remove or demolish the structure above the sewer, and it must repair any damage caused by access and repair of the accepted sewer. Download our brochure to learn more about building over a sewer. If the veranda was built more recently without an agreement on construction, the same sanctions and solutions will be available. It should be noted that if the veranda needed a building permit, the building inspector may need to see a construction agreement before signing the work. The other option is for the seller to give the buyer liability insurance to protect against financial losses caused by the property being built in a public sewer. This is the fastest and cheapest option, but whether or not insurance is available depends on the circumstances of the individual case. If a construction contract has not been concluded, the seller must have a CCTV inspection of the sewer carried out and transmit the images to the water company. If the water company is satisfied that the sewer is in good condition, it will issue an administrative letter confirming that the sewer is in satisfactory condition. The administrative letter generally satisfies the buyer and his mortgage lender that the water company will not take steps to demolish the offensive structure above the public sewer system.
In situations where a private sewer was built before becoming the property of a funeral cleaner, subsequent construction by consent is not required. In these circumstances, what is the certainty for a landowner whose land was built prior to the transfer of the sewer from a private sewer to a public sewer in relation to the legal contractor`s obligations to repair the damage caused? He would not have required a construction agreement from the wastewater payer if the sewer had been private. This is more of a problem if you`re negotiating for a commercial lender. How can you satisfy a commercial lender when a search for water and drainage reveals that a property has been built over a public sewer and there is no evidence of construction regarding consent, there is no risk of a statutory undertaker entering the property, digging the ground to access the now public sewer and repairing any damage? (i) approve the condition of the sewer; and (ii) provide an administrative letter confirming that the sewer is in good condition and that they will not take steps to demolish the building above the supposed sewer. When planning your construction work, you should check if there are pipelines nearby. If this is the case, you may need our consent before the work begins. You must then apply to us in accordance with the 2010 Building Code. These are enforced by local authorities, but they have a duty to consult us if they know that a sewer system could be over-built.
All sanitation companies have the legal right to access public sewers located on private land. These include sewers located under or near a property. Once the building permit is granted, funeral directors usually try to access the sewer without disturbing the property. If this is unavoidable, they will repair any damage caused to the reasonable extent. This is set out in the terms of the construction agreement. However, if a sewer has been overconstructed without consent, sewer companies have the right to access and protect the sewer by any means they deem appropriate. This may include buildings that interfere with a public sewer or block access to a public sewer are altered or removed at the owner`s expense. In reality, however, funeral directors have machines that usually allow them to access a damaged pipe from a different and clear point and avoid damage as much as possible, but a risk remains. It is almost impossible to obtain information from the Water Authority to confirm whether the building permit should have been issued or whether the sewer was previously private and transferred due to the Private Sewer Transfer Regulations 2011. Therefore, it becomes difficult to satisfy a commercial lender that has built beyond consent.
A commercial lender must be satisfied that in a situation where a funeral home needs access to a sewer located under a property, the work will not affect the value of the property and the security of the bank and that there must be some certainty as to the responsibility of a legal funeral home to repair the damage, caused in the absence of a formal construction contract. This potential risk is problematic if the conservatory was built before July 1, 2011. There is also a violation of legal servitude. Some sewer companies suggest that they can adopt a relaxed attitude if the work has been carried out in accordance with construction control permits and measures taken to protect sewer pipes. There are two solutions to this: we need to conduct CCTV investigations before and after your work, and a local building inspector also needs to inspect the work. In case of non-obtaining of the building permit for the works, the local authority is entitled to carry out an inspection and, if the works do not comply with the building regulations, to send a notice in accordance with section 36 of the Construction Act 1984 (BA 1984) asking the owner (who may not be the same person who ordered the work) to put it in order, or If this was not possible, restore the property to its previous condition. Failure to comply with a BA 1984 Opinion, Article 36 is a criminal offence and could result in prosecution of the owner and payment of the local authority`s fees to remedy the infringement. Sometimes problems arise when homeowners try to sell their property, which is partially or completely built over a public sewer. Conservatories and extensions are the usual culprits. If no construction contract has been concluded in the execution of the work, the water company has the legal right to enter the property to access the sewer, even if it means the demolition of the structure located above the sewer. .
