Question

What is a build-over agreement, and why does the water company care?

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Answer

A build-over agreement is permission from the water and sewerage undertaker to construct over or close to a public sewer — and it is needed far more often than homeowners expect, because a great many private drains became public in 2011.

The 2011 transfer, which is the root of the confusion. Private sewers and lateral drains serving more than one property were transferred to the water companies in October 2011. Overnight, pipes that owners had always regarded as their own became public sewers, including ones running beneath gardens, patios and driveways. Many homeowners have no idea a public sewer crosses their land.

Why the water company cares. It has a statutory duty to maintain the sewer and a right of access to it. If a building sits over it, access for repair or replacement becomes difficult or impossible, and the cost of dealing with a collapse rises enormously. They also need to be satisfied the structure will not damage the pipe — foundation loads transferring onto a clay pipe can crack it.

When you need one. Typically when building over a public sewer, or within three metres of one, though the exact trigger distance and requirements vary by undertaker. Extensions, conservatories, garages and some substantial outbuildings all commonly require it.

What it involves: an application with drawings showing the sewer's position and depth, structural details of foundations — frequently requiring deeper foundations, a lintel spanning the pipe, or a concrete raft so no load bears on it — and sometimes a CCTV survey of the pipe before and after. A fee is payable and the process takes weeks, so it should be started early.

What happens without one. The work is not unlawful in the criminal sense, but the undertaker retains its rights: it may require removal, and it will not accept liability for damage. More practically, it surfaces at sale, when the buyer's solicitor sees the sewer on the drainage search and asks for the agreement. Retrospective approval is possible but slower and less certain.

Check first: a drainage and water search shows public sewers, and the undertaker can supply asset plans.

General information, not legal advice.

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