Q&As

A water undertaker is entitled, under section 116 of the Water Industry Act 1991 (WIA 1991), to close parts of the sewer including manholes. To date, the undertaker has cleared the manhole on private property) of spring water which has infiltrated it. If operations are ceased and the manhole is no longer cleaned, this will back up and cause either flooding or subsidence. What would be the liability to the property owner if rights under WIA 1992, s 116 are asserted and the sewer closed?

read title

Read full title

Copyright © 2025 LexisNexis

Published by a LexisNexis Environment expert

Published on: 14 July 2021

imgtext

This Q&A assumes that this is a public sewer adopted by the client undertaker.

Does manhole cover come within definition of sewers/drains?

Sections 219(1) and (2) of the Water Industries Act 1991 (WIA 1991) provide that a manhole is an accessory to a sewer and that references to a pipe, including references to a main, a drain or a sewer, shall include references to any accessories for the pipe.

Duties of Undertaker under Water Industries Act 1991

See Practice Note: Sewers and drains—sewerage undertakers’ core duties and powers.

Under WIA 1991, s 94(1), sewerage undertakers have a

Powered by Lexis+^®

Jurisdiction(s):

United Kingdom

Popular documents

Sewers and drains—key definitions

Sewers and drains—key definitionsDrainsA ‘drain’ means a drain used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage.A drain can also include accessories to it, such as manholes, pumps etc. See accessories definition below.Whether a

A client is selling a property where an extension was built over a private sewer in 2002 and a ‘build

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

Sewers and drains—developer’s rights and responsibilities

Sewers and drains—developer’s rights and responsibilitiesThe developer of a housing estate or other facility will need to lay sewers and drains to deal with domestic sewerage and surface water. Sections 21 and 22 of the Building Act 1984 give a local authority the power to require drains to connect

Sewage disposal—regulation of the sewerage system

Sewage disposal—regulation of the sewerage systemSewage disposal is regulated in England and Wales principally by the Urban Waste Water Treatment (England and Wales) Regulations 1994, SI 1994/2841 (1994 Regulations), which transposed the requirements of the Urban Waste Water Treatment Directive