Q&As

A conservatory has been built within 3 metres of a public sewer without the consent of the water undertaker. What are the possible sanctions for doing this?

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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright
Published on: 24 August 2020
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When the conservatory was constructed is an important consideration. Private sewers and lateral drains that were connected to the public sewer before 1 July 2011 were transferred on 1 October 2011 to sewerage undertakers. It is common to find conservatories and other extensions constructed less than 3 metres from a public sewer that was not a public sewer at the time the conservatory/extension was constructed, but was instead a private sewer the responsibility of the homeowner.

If the conservatory was constructed prior to 1 July 2011, then it will have required express planning permission or Permitted development rights, and it may have required Building Regulations approval.

It would not have required a build over agreement from the sewerage undertaker if the sewer was private.

Under Part H4 of Schedule 1 to the Building Regulations 2010, SI 2010/2214, the consent of the sewerage undertaker is required for building works over

Sarah Fitzpatrick
Sarah Fitzpatrick

Sarah is a leading practitioner in all aspects of planning law, she has been involved in some of London's most high profile developments, having acted for the Sellar Property Group in securing planning permission for the Shard, for the Olympic Delivery Authority on the Olympic Park and other non-London venues, and for Land Securities on its Victoria Estate, as well as having acted for claimants on compulsory purchase compensation claims including those relating to HS1, HS2, Crossrail, the Northern Line Extension and Thameslink. She has also acted for and against acquiring authorities and promoters of compulsory purchase orders (CPO) and development consent orders (DCO) including promoting Tesco's first retail led regeneration CPO, and acting for National Grid on their North Wales Connection DCO. Sarah also advises on smaller developments both within and outside London across the use classes, including securing planning permission on appeal for Amin Taha's award winning 15 Clerkenwell Close development, and a single new affordable home in the South Downs National Park. A consummate technician, Sarah enjoys drafting and negotiating complex legal agreements as well as providing strategic advice, undertaking planning application and EIA reviews, and advising on legal challenges and appeals.

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Jurisdiction(s):
United Kingdom
Key definition:
consent definition
What does consent mean?

Consent is defined as any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data.

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