What is a s104 agreement?
What is a Section 104 agreement? A Section 104 agreement (under the Water Industry Act 1991) is an agreement between a developer and sewerage undertaker for the adoption of sewers serving a development. There are strict regulations in place for obtaining an agreement which can be a minefield for developers.
What is a S185 agreement?
Under Section 185 of the Water Industry Act 1991 (S185) where any public sewer, lateral drain or disposal main is situated in private land, any person(s) with an interest in that land or in adjoining land can, by giving notice, require Severn Trent Water (STW) to alter or remove that pipe.
What replaced sewer for adoption?
Design & Construction Guidance
As part of the SSG, ‘Sewers for Adoption’ has been replaced by the mandatory ‘Design & Construction Guidance’ (DCG) which gives provision for Sewerage Undertakers to adopt SUDs facilities.
When were sewers adopted?
Q) Why are some sewers private and others not? A) Under the Public Health Act 1936 all sewers coming within the definition of a sewer under the Public Health Act 1875 and which were in existence on 1 October 1937 became public.
Do you need a section 104 agreement?
Section 104 of the Water Industry Act (1991) provides a mechanism for newly-constructed private sewers and pumping stations to be ‘adopted’ by the local sewerage authority, who will then maintain them at their own expense. A Section 104 adoption agreement must be entered into before construction of the sewers begins.
What is a build over agreement?
A Build Over Agreement is required where building work is to take place close to (within 3 metres of) or over the route of an existing public sewer or drain. Any work involving new foundations, underpinning, piling or basements requires approval of the Water Company prior to work commencing on site.
Can I divert a public sewer?
If there is a public sewer within your proposed development site, a diversion may be required to allow your development to progress. Developers with an interest in land that contains public water or waste water assets can arrange for the alteration or removal those assets to allow development work to progress.
How do you build a public sewer?
Householders and developers planning to build close to or over a public sewer have to seek permission from the relevant sewerage company. Building close to or over a public sewer without having obtained formal approval is illegal. It may also jeopardise the future sale of your property.
Are demarcation chambers adopted?
The demarcation chamber will be adopted by Anglian Water. Once the drain, demarcation chamber and connection have been inspected and found to be satisfactory, the lateral drain will be adopted under Section 102 of the Water Industry Act 1991 and added to the public sewer records.
What is a demarcation chamber?
The HS® Demarcation Chamber is designed to allow water companies quick and easy access into both public and private sewer networks. The purpose of the inspection chamber is to delineate the change of ownership between the public and private sewer.
Is a build over agreement required for a private sewer?
Do you need build over agreement for private sewer?
A Build Over Agreement is required by water companies for any construction work over public sewers or within 3m of one. This obligation is even enshrined as a covenant in the Deeds of some more modern properties.