**Please note that most water companies now change to metered supply when a property changes ownership**
DRAINAGE AND WATER SEARCHES
HOW WE CAN HELP YOU
The English and Welsh Water Service Companies, through a Law Society recommendation, provide details of water and sewerage assets under and around properties either directly or through a data service provider. This allows solicitors and other legal professionals to determine if properties are properly serviced and identify any liabilities or impediments that owners may suffer due to the nature of these assets.
An ancient privilege
Historically, the means by which property had access to fresh water and the means by which wastewater was discharged were a life and death issue. The wealthy and fortunate generally lived in well drained properties upstream of the village or town centre, preferably with a private well some way from the local graveyard. Nowadays we all rightly expect and demand modern high quality water and sewage services and the quality of the water and wastewater services operated by the water authorities in Europe now reflects this.
A common myth
However, contrary to popular belief, for most properties the final connection to the house or office is through a private drain and/or water supply pipe. These pipes are not the responsibility of, or even under the control of, the local water supply companies and sewerage undertakers. Maintenance of private pipes can sometimes be expensive and illegal connections can result in enforcement action, building work and retrospective charges. In very rare circumstances neighbors or other landowners can interfere or restrict the supply of services to the a property, leading to blight or demolition of unserviceable property.
Unseen problems
Sewers, sludge mains and water mains running under land can restrict future use, development or cultivation and maintenance can also result in personal inconvenience. Improving hygiene standards may also condemn older systems servicing properties, such as outside toilets, private water supplies or poorly specified septic tanks. This can be costly for property owners and cause extensive disruption. In general the water and sewer network in England is excellent – however, the personal tragedy that results from problems is such that these issues should be properly reviewed by legal professionals when land and property is purchased.
EVOLUTION OF WATER AND WASTEWATER LAW
By the middle of the 19th Century, it was widely recognized that inadequate public drinking water and drainage systems, particularly in the large towns, helped the spread of infectious diseases like cholera, typhus and dysentery. The Victorians provided new drinking water, sewerage, and sewage treatment systems and legislation in the form of the Public Health Act and Waterworks Clauses Act both of 1875, helped provide for their extension and maintenance.
Codification and successive amendments to sewerage and water legislation resulted in the Public Health Act 1936 and following the disruption of water supplies during the Second World War, the Water Act of 1945. These changes set the scene for improvements in water supply and sewerage systems and allocated clear responsibilities for maintenance. Local authorities were responsible for sewerage and sewage treatment, and local water boards or in some cases private water companies were responsible for the provision of drinking water supplies.
The introduction of the Water Authorities in 1973 brought water collection and supply and wastewater treatment together for the first time. In some cases local authorities continued to operate the sewerage systems as agents for water authorities who maintained and improved treatment systems. Private water supply companies continued to operate as before.
Privatization of the water industry in 1989 transferred the water supply, sewerage and sewage treatment responsibilities to new public limited companies (PLCs). It also transferred their land drainage, ground and surface water protection and flood defence functions to the National Rivers Authority (now part of the Environment Agency). The Water Act of 1989 also abolished the responsibility of local authorities to keep and maintain maps of the public sewers (which had been created under Section 32 of the Public Health Act 1936. The water and sewerage undertakers now keep the water main and sewer records.
DRAINAGE AND WATER SEARCHES
Water Service Companies provide full support for the Law Society Conveyancing 29 DW form, usually within 5 to 10 days from receipt of instructions. Most companies can offer a 24-hour response service if specially requested. The cost of a Drainage Search varies depending on the information required. Contact individual water companies for details. As of April 2002, advice will be provided on the following issue.
Service Provided Significance for a Property Owner
Detail if the property is connected to a public sewer
Connected properties have their sewage treated by their local Water Service Company. The Water Service Company funds all treatment costs and the capital costs of environmental improvements. While owners of unconnected properties do not pay the sewage element of the water bill they are responsible or all the costs of operating and maintaining any alternative treatment processes, such as septic tanks, cesspools or private treatment plants. They may be responsible for any future costs due to rising environmental standards. If the private plant becomes difficult, unpleasant or too expensive to operate, the property owner may have to fund the cost of establishing and maintaining a connection to the nearest suitable public sewer.
Detail if the property is connected to surface water
Properties without a surface water drainage connection should have alternative drainage methods. In rare cases these can be illegal sewer connections, but more often soak away (which must be maintained by Property owners) and connections to highway drains.
Provide details of any adoption agreements
Houses in new estates are usually connected to public water supplies. However, the sewers and sewage pumping stations serving new properties are the responsibility of the Property Developer until the Water Service Company has adopted them. An adoption agreement is evidence that this is being progressed. Water Service Companies will only adopt such assets when the development is largely completed and the assets have been shown to be adequate. This can take years if problems arise and during this period house owners can become liable for the maintenance, repair and operation of such assets in the event of the insolvency of the Property Developer.
Provide a copy of an extract of the statutory sewer map
This establishes if there are public sewers or sludge mains running under or in the vicinity of the property, and so identifies any restriction the property owner may experience if permission is sought to construct an extension or redevelop the land. Sewer maps do not show the location of private sewers but they indicate the likely route and length of private sewers that service the property
Provide a copy of the water mains map
This establishes if there are water mains running under or in the vicinity of the property, and identifies any restriction the property owner may experience if permission is sought to construct an extension or redevelop the land. Water mains maps do not show the location of private water supply pipes but they indicate the likely route and length of private assets that service the property.
Statement if there are public sewers within 100 feet of the building
If public sewers pass close to a property serviced by inadequate drainage facilities, and the property does not already have a connection to the public sewer, the local authority may have powers to force the owner of the property to establish such a connection at his own expense. This information also indicates how easily an unconnected property could be connected to the public system if the relevant authorities require this.
Statement as to whether the property is connected to the public water supply
This confirms by default that the property is not supplied by a private water supply. Private waster supplies are subject to strict examination and control by local environmental health officers.
The existence of any Building Over Agreement on or in the immediate vicinity of the property
In the event of a major asset passing under the property, details of any Building Over Agreements that exist. Agreements have been used to provide protection to major assets under planning regulations.
Charging details on the property
Details of Drainage and Water Charges on the property and whether they are metered or unmetered.
GLOSSARY OF TERMS
Adoption of sewers transfers to the sewerage undertaker the ownership of sewers and the obligation for meeting the cost of their maintenance and improvement to meet increasingly stringent environmental standards.
Sewerage undertaker is a limited company succeeding the former water authority and appointed by the Secretary of State to carry out the duties assigned to it by statute. These duties include the provision, maintenance and improvement of a system of sewers and sewage treatment works
Building Over Agreement: No building is permitted over public sewers or water mains, without a special agreement such as a ‘Building Over Agreement’. Any such building might cause damage and would restrict or interfere with the undertaker’s rights of access for inspection, repair maintenance or renewal.
Cesspool: A sealed tank having no outlet used for the storage of sewage. The Cesspool must be emptied regularly and running costs can be substantial.
Combined sewer: A sewer carrying foul water and surface water.
Conveyancing 29 DW form or CON 29 DW: A standard form of Conveyancing enquiry, addressed to the Water Company responsible for the drainage area. Published by the Solicitors Law Stationery Society Limited the CON 29 DW form ask standard questions on issues such as connections to and location of Public Sewers and water mains. It also talks about drainage and answers questions about Section 104 Agreements. Since 1989, the sewage undertakers have been responsible for maintaining records of public sewers.
Foul Sewer: A sewer used to transport mainly foul sewage to a sewage treatment works. It may also contain surface water from rainfall, when it may be termed a ‘combined sewer’.
Pre-1937 sewers: The Public Health Act of 1936 set out a range of responsibilities for the operation and maintenance of sewerage systems but the Act recognized that little was known about existing sewers. Some had been maintained by private individuals and others by local authorities. Some of the costs had been re-charged to the owners and the location of all these early sewers had not been surveyed and was unknown. The Act acknowledged the different status of these early sewers and made different provisions in respect of them.
Private drain: A sewer in private ownership draining only one property. If there is no cesspool or private treatment works, the drain usually connects with a private or public sewer.
Private sewage treatment plant: Generally a small sewage treatment works (which could be a septic tank) owned and operated by a community, hotel or household. Treatment Plants should conform to the same operation and environmental standards applied to the sewage works operated by the water companies. Accordingly, the running costs for small plants can be substantial and as environmental standards are raised there may be a need for additional capital investment.
Private sewer: A sewer in private ownership draining more than one property. Connection to and use of such sewers normally requires private agreement. Rights of drainage or access or easements to inspect maintain repair or replace the private sewer are usually required if the sewer passes through adjoining land outside the control of the property owner. All downstream sections must be properly maintained to avoid flooding with sewage.
Private water supplies: Where a property has no connection to the water mains, a suitable private spring or surface water source may be used. This may require extensive treatment to make the supplies safe and will be subject to examination and control by the local environmental health officer. Approval under the Building Act 1984 for new building work to domestic properties will not be granted unless adequate water supplies and drainage facilities are available.
Public Sewer: A sewer vested in and maintained by the sewerage undertaker. Members of the public generally have the statutory right to connect into and use the public sewer on offering payment of sewerage charges.
Rising mains are pipes carrying untreated sewage pumped under pressure. There is no right of connection into them.
Section 102 Declaration: A sewerage undertaker may make, or may be asked to make, a declaration that sewers or sewage disposal works already in existence will be adopted and maintained at public expense from a particular date.
Section 104 agreement: An agreement made between a housing developer and the sewerage undertaker under Section 104 of the Water Industry Act 1991, for the adoption of sewers the developer intends to build to serve new houses. A bond to guarantee proper performance often supports the agreement by the developer of his obligations under the agreement.
Septic tank: A settlement chamber, which provides treatment to sewage and drainage waters. Overflow from the tank goes to a soak away or drainage field or occasionally a sewer. Septic tanks are unpowered. Houses operating them are responsible for the operation, maintenance and occasional emptying of the chamber. Septic tanks function excellently in well-drained land. It is becoming less acceptable to operate a septic tank in low-lying land, particularly near rivers and streams. Any pollution problems precipitated by poorly performing septic tanks may mean they need to be decommissioned and connection to the public sewer network need to be undertaken.
Sludge main: A pressurized pipe carrying treated or partially treated sewage sludge.
Soak away or drainage field: Buried pipes in aggregates that allow treated effluents or surface waters to disperse. They are owned and maintained by the property owners.
Surface water sewer: A sewer used only for the transport of uncontaminated surface water or rainwater in an area where separate sewerage systems have been provided. This may discharge safely to a local watercourse or to the foul sewerage system for treatment with the foul flows.
Water Service Company: A provider of sewerage and possibly water services in an area.
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