Q&As

Where does the authority come from which requires developers to enter into an agreement with water companies when they want to develop land which is close to a public sewer as per the 2011 Transfer regulations? In other words, where does the statutory power come from that gives water companies the right to ask for permission to develop on the land?

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Published on LexisPSL on 19/10/2018

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

  • Where does the authority come from which requires developers to enter into an agreement with water companies when they want to develop land which is close to a public sewer as per the 2011 Transfer regulations? In other words, where does the statutory power come from that gives water companies the right to ask for permission to develop on the land?

Where does the authority come from which requires developers to enter into an agreement with water companies when they want to develop land which is close to a public sewer as per the 2011 Transfer regulations? In other words, where does the statutory power come from that gives water companies the right to ask for permission to develop on the land?

For the purposes of this Q&A, it has been assumed that reference is to build over agreements, which are agreements entered into between developers and the relevant sewerage undertaker to regulate works which could impact a public sewer.

Unlike other statutory provisions such as section 106 of the Town and Country Planning Act 1990, we have been unable to find a particular statutory provision pursuant to which build over agreements are entered into. However, build over agreements are routinely required by sewerage undertakers as a way of ensuring that the following statutory requirements are met:

  1. Requirement H4 of the Building Regulations 2010 (the Building Regulations), SI 2010/2214, Sch 1:

    1. requirement H4 requires that certain building works carried out over a public sewer, or carried out on a site or in such manner as might interfere with the use of, or obstruct the access to, any public sewer, are carried out in a way that is not

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