Drains and sewers on your new property development
As a property developer, you have several legal responsibilities around ensuring proper drainage on your site. Let’s find out more.
Taking care of drains and sewers may not be the most glamorous part of property development, but it’s essential. Quite simply, your property will not function if the drains are ineffective, you’ll struggle for rentals, and fixing issues is inconvenient and expensive.
You also have legal responsibilities relating to drains and sewers on your development, which you need to consider even at the sloping stage of your project. In this article, we’ll examine drainage from a legal standpoint so you can anticipate any problems that may arise. Let’s get started.
A brief history of drainage ownership
Before 2011, the party that owned a piece of land (whether a developer or homeowner) was responsible for all sewers and drains on their property. Developers and homeowners were also liable for drains connecting their property to the public sewer system, even parts not on their land. When drains and sewers served multiple properties, the responsibility was shared. Of course, when repairs were necessary, it was often costly for the homeowners.
In 2011, the government removed this burden for homeowners. Today, property owners are only responsible for drainage that sits within the boundary of their property and exclusively serves their property. Water sewers connecting the public sewer to multiple properties were transferred to public ownership, as were drains outside the private property's boundary. They are now looked after by a subcontracted company known as a sewerage undertaker.
Sewers and drains on new build developments
The 2011 law change was good news for owners of existing properties. However, for property developers investing in new build properties, you need to consider who is responsible for ensuring the effectiveness of your drains and sewers.
To make a new build property habitable, constructors must lay new sewers and drains. But until the property is formally transferred, these drains will not automatically become part of the public ownership. The developer has the responsibility for the drainage system until this happens.
There are two legal agreements that help developers ensure constructors build effective drainage for your property before ownership transfers to the local sewerage undertaker:
Section 104 - An agreement between the developer and the sewerage undertaker setting out a standard for the drainage system to meet for it to be taken into public ownership
Section 102 - An agreement where a developer can apply for public ownership of a drainage system where no Section 104 was previously in place
You should apply for a Section 104 before construction begins on the drains and sewers of your property. You may need to pay a bond of around 10% to the sewerage undertaker as a deposit guaranteeing your constructor will meet the undertaker’s standards. You may also need to maintain the network for several years after construction to ensure it runs smoothly in order for your Section 104 to be approved.
Sustainability in drainage
Finally, you will need to consider sustainability, flood risk and water pollution as you construct drains and sewers on your new build development.
SuDS is a model of sustainable drainage design that manages water flow from hard surfaces, drains away surface water runoff so it can be used for other purposes and improves water quality.
The SuDS model is now recommended for most new build developments (in Wales, it is mandatory). As you scope out your property development, it is something you need to consider, however laborious it might seem at the time.
Consult your solicitor
Sewers and drains are another reason you should have an experienced property solicitor in your corner throughout your development project. They’ll be able to take these tasks off your hands, so you can focus on what you do best.
When it comes to administrating your drainage system before it becomes public property, your solicitor will explain your options, ensure the proper agreements are in place, and, if necessary, fight to protect your interests.
Don’t attempt to navigate these essential parts of property development alone. Make an excellent property solicitor part of your team.
Find out more from Couchman Hanson
At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.
Call 01428 774756 or visit couchmanhanson.co.uk