Q&As

A client is selling a property where an extension was built over a private sewer in 2002 and a ‘build over’ agreement obtained from the Local Authority at that time. The buyer’s solicitors have asked for an indemnity policy which the seller has refused on the basis there is a ‘build over’ agreement in place already. The buyer’s solicitors are arguing that as the agreement was entered into when the drains were privately owned the local water company must now be involved and either a new build over agreement obtained or a policy provided. Is this correct?

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Published on LexisPSL on 21/08/2017

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • A client is selling a property where an extension was built over a private sewer in 2002 and a ‘build over’ agreement obtained from the Local Authority at that time. The buyer’s solicitors have asked for an indemnity policy which the seller has refused on the basis there is a ‘build over’ agreement in place already. The buyer’s solicitors are arguing that as the agreement was entered into when the drains were privately owned the local water company must now be involved and either a new build over agreement obtained or a policy provided. Is this correct?

On 1 October 2011, most private sewers and lateral drains which, immediately before 1 July 2011, 'communicated with' a public sewer were automatically transferred to the sewerage undertaker, unless there was a successful appeal.

Build over agreements are now entered into between the water service company and the owner of the property, but in the past they were entered into with the local authority. For this reason, a water service company may not be aware of agreements or consents entered into by a local authority and vice versa.

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