Drains and Sewers
| Entertainer | “As we know, life is like a sewer. What you get out of it depends on what you put into it. Talking of sewers, when is a sewer not a sewer. | ||||||||
| Stooge | I do not know. When is a sewer not a sewer? | ||||||||
| Entertainer | When it’s a drain! | ||||||||
| Stooge | Is there a difference? | ||||||||
Entertainer | No. Not really.” |
The above could have been taken from a variety hall sketch many years ago. By the final line, the audience would have been holding their sides with laughter and the entertainer and his stooge would have left the stage in triumph.
Since 1 October last, the response of the entertainer, especially one versed in the intricacies of the Water Industry Act 2002 – as to whether there was a difference - might have run along the following lines:-
Entertainer “Yes, there is a difference and one which might have important consequences. First though let me explain the difference between a drain and a sewer.
A drain is a pipe discharging foul or surface water drainage which serves a single property, a sewer is a similar pipe but one which serves more than one property. If a drain is located in part within and in part outside the curtilage of the property which it serves, the section of the drain which is located outside the boundary of the property which it serves is known as a lateral drain.
In the past these drains and sewers may well have been regarded as private sewers and drains but with effect from 1 October last this position will now have changed. The status of a drain, (i.e. the section of pipework up to the boundary) will remain unchanged. With effect from that date all sewers and lateral drains, (i.e. the section outside the boundary) will become public sewers. This means that the cost of maintaining and repairing them will rest with the relevant Water and Sewage Company and will undoubtedly result in increases in water and drainage bills.
This applies regardless of the condition of the pipework and whether the property is residential or commercial. The one requirement is that it must connect to and discharge into a public sewer. It if discharges into a watercourse which is not a public sewer, its status will remain unchanged.
These new rules do not, at the moment, apply to private pumping stations or pumping mains but it is anticipated that this will happen in or about 2016.
The consequences of these changes, apart from higher bills, include the following:
- new sewers and lateral drains may have to be constructed to a higher standard.
- the developer may find he has the right to connect to a public sewer where previously he did not have that right and thereby avoid the cost of an easement payable to the landowner.
- once the sewer becomes a public sewer the ability of the landowner to divert it to facilitate future development will be lost, unless the Water and Sewage Company co-operates which it is not obliged to do.
The variety hall audience will, by now, be totally disenchanted with the entertainer and his stooge who will doubtless be forced to leave the stage under a barrage of rotten fruit.
This article contains information of general interest about current legal issues. It does not give legal advice and specific advice should always be sought about your particular circumstances. We will be happy to assist.
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