Question

Who is responsible for a blocked or shared drain?

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Answer

It depends on where the blockage is, and the dividing line moved in 2011 in England and Wales — which is why a great deal of outdated advice still circulates.

The three categories:

A drain serves a single property. You are responsible for it within your boundary.

A lateral drain is the section of your drain that runs outside your boundary before joining a sewer. Since October 2011 these transferred to the water company in England and Wales.

A sewer carries flow from more than one property. Since the same transfer, most private sewers laid before 2011 became the water company's responsibility, including many that run beneath gardens.

The practical rule of thumb: if the blockage is in a pipe serving only your property and lies within your boundary, it is yours. If it serves more than one property, or lies beyond your boundary, it is very likely the water company's — and they will usually clear it free of charge.

What this means in practice. Call the water company first. They will attend and determine responsibility, and if the blockage turns out to be yours they will say so. Many households pay drainage firms for work the water company would have done at no cost, which is a common and avoidable expense.

The exceptions worth knowing:

Pipes laid after 1 October 2011 to serve a new development may remain private unless formally adopted.

Private treatment systems — septic tanks and package plants — are entirely the owner's responsibility, along with their regulatory compliance.

Highway drains and surface water may belong to the local authority or highways body rather than the water company.

Damage you caused, including by wipes, fat, or building over a sewer without agreement, can be recharged.

Building over or near a public sewer requires a build-over agreement, which purchasers' solicitors check.

Insurance frequently covers damage from a collapsed drain and not the cost of clearing a blockage.

England and Wales; Scotland and Northern Ireland differ. General information, not legal advice.

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