Private Sewer Transfer – Some Good News for Householders and Businesses

On 1st October 2011 the responsibility to repair and maintain private sewers and lateral drains (a drain serving only one property but which is outside the boundary of that property) will transfer to the local water companies. This change applies to any private sewer connected to the public sewerage system immediately before 1st July 2011.

Most sewers are publically adopted and are already the responsibility of the water companies. However, an estimated 200,000km has been in private ownership with repair and maintenance being the responsibility of the owner. Property owners have been faced with either bearing what can be the substantial costs of repair and maintenance themselves or incurring the cost of insuring against the risk of something going wrong. Private sewers often raise complex ownership issues.

After a consultation by DEFRA conducted under the last Government, the Coalition Government decided it would make life simpler and fairer for property owners generally if all private sewers and lateral drains were transferred to the water companies. Under the new Regulations the water companies must give to property owners two months’ notice of their intention to adopt a private sewer or lateral drain. The proposal to adopt must also be published in the London Gazette and in appropriate regional and local newspapers. A property owner or anyone else affected by a proposal (e.g. a neighbouring owner) can appeal to OFWAT if he is objects to the proposal, or by a failure to make a proposal.

Of course, there is no such thing in life as a completely free lunch. It is anticipated that the costs incurred by the water companies in taking over these responsibilities will be reflected in increased water and sewerage charges.

To find out more, contact Caroline Wilton or Martin Banham-Hall.

Filed: 03/08/2011 15:29:41