Private sewers and lateral drains to be adopted by water companies in October 2011
The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 came into force on 1 July 2011. The effect of these Regulations is that the majority of existing private sewers and lateral drains will be adopted by water companies. For the most part, these reforms are welcome and remove a cumbersome burden on property owners. However, landowners (particularly those wishing to sell land to developers) should take care not to inadvertently lose valuable rights.
What is the present position?
A private sewer is a drain that serves more than one property and is not adopted by the water company. Its repair and maintenance is shared between the properties joined to each part of the private sewer. Public sewers are mostly part of the larger sewers that frequently run under publically adopted highways and are easily identifiable by way of a water search. A lateral drain is a drain that serves one property but is the part that extends beyond the boundaries of that property. Its repair and maintenance is borne by the property to which it serves solely. Similarly the repair and maintenance of private pumping stations is shared between the properties using the pumping station.
What is happening?
All private sewers and lateral drains in existence on 1 July 2011 will transfer on 1 October 2011 to become the liability of the local water company. The water company must have served notice of the transfer by 1 August 2011. This is a simple process as a general notice in a local newspaper will suffice. Private pumping stations will be transferred in the future (currently estimated to be in 2016).
Good news?
Local water companies will become responsible for the repair and maintenance of private sewers and lateral drains, saving property owners an estimated £221 million each year. The Environment Minster has stated that:
“The transfer will stop the financial threat of customers being hit with huge repair bills for sewers that sometimes aren’t even on their property. It’s a much fairer and simpler approach which will also improve the overall quality of the network to reduce the chance of problems in the first place.”
Issues for Landowners?
"Lift and shift" provisions which have been negotiated by landowners will be lost upon the adoption of the sewers or private drains. Lift and shift provisions allow a landowner to move the route of drainage pipes and are often negotiated where a landowner wants to be able to develop the land in the future. Where a landowner has the benefit of these rights it will be sensible to consider appealing any adoption of the private sewers or lateral drains to preserve these rights.
Any appeal must be made to Ofwat within two months of the notice. In order to be successful the landowner must be able to show that it would be sufficiently detrimental to them. The issued guidance suggests that to show “sufficient detriment” a landowner must prove he would be “significantly worse off (financially or otherwise)”.
Other changes
There will be a minimum standard for all private sewers or lateral drains which are to connect to public sewers. Developers will be required to enter into an adoption agreement with the local water company before connection can be made. It is anticipated that the minimum build standards will come into force on 1 October 2011.
Action points
Landowners should:
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Review the current position of the pipes and sewers that run through their land;
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Identify any "lift and shift" provisions which they have negotiated;
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Be alert to notices issued which may affect their property; and
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Consider lodging an appeal within two months of any notice.
This article has been written by Natalie Biggs, a solicitor in the commercial property team at Birketts LLP.
It provides only a general summary and is not intended to be comprehensive. Specific legal advice should be taken in any individual application. Law covered as at 30 August 2011. © Birketts LLP 2011.
