This Practice Note forms part of the wider suite of content on sewerage and drainage and focuses on the regulatory framework governing the sewerage system as a whole in England and Wales. It sits alongside related materials addressing sewerage undertakers’ core duties and powers, the maintenance and protection of sewers, discharges from sewers and drains, and the regulation of sewage disposal works. The note provides an overview of the principal legislative regimes, in particular the Urban Waste Water Treatment (England and Wales) Regulations 1994 and the Environmental Permitting (England and Wales) Regulations 2016, and explains how these interact with duties under the Water Industry Act 1991 (WIA 1991) and subsequent amendments. It covers the key concepts underpinning the regime, including agglomerations, collecting systems, treatment requirements and sensitive areas, and addresses system-wide obligations such as monitoring, reporting and the control of storm overflows. More detailed treatment of specific aspects of the regime, including permitting of discharges, operational duties of undertakers, and planning and environmental controls for sewage treatment works, is provided in the following related Practice

This Practice Note focuses on a developer’s rights and responsibilities in relation to sewers and drains, including: • developer rights to connect to public sewers • undertaker powers to regulate that connection • sewer adoption agreements under section 104 of the Water Industry Act 1991 (WIA 1991) • procedures for making connections • disputes and offences It forms part of a suite of Practice Notes covering the wider regulation of the sewerage system, the operation of sewage treatment works, and the statutory duties and powers of sewerage undertakers, including: • Sustainable drainage systems (SuDS) • Sewers and drains—sewerage undertakers’ core duties and powers • Sewage disposal—regulation of the sewerage system • Sewers and drains—key definitions • Sewers and drains—maintenance and protection of sewers The developer of, for example, a housing estate or other facility will need to lay sewers and drains to deal with domestic sewage and surface water. Sections 21 and 22 of the Building Act 1984 give a local authority power, in certain circumstances, to require the drainage

Drains A ‘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 structure, such as a row of terraced houses, is ‘one building’ for these purposes is a question of fact. ‘Curtilage’ means land that is so intimately associated with a building that the land forms part and parcel of the building. Lateral drains A ‘lateral drain’ is that part of a drain which runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain communicates or is to communicate. Alternatively, (if different and the context so requires) it means the part of a drain identified in a declaration of vesting made under section 102 of the Water Industry Act 1991 (WIA 1991) or in an agreement made under WIA 1991,

Maintenance Every sewerage undertaker has a duty to ensure that its sewers and lateral drains are cleaned and maintained so that its area is, and continues to be, effectually drained. The duty to ensure that an area is ‘effectually drained’ has been interpreted as requiring a system that is adequate for the ordinary requirements of the area, but not one that is designed to prevent all flooding or surcharging in exceptional circumstances. The Environment Act 2021 (EA 2021) places a duty on sewerage undertakers to prepare, publish and maintain a drainage and sewerage management plan. A ‘drainage and sewerage management plan’ is a plan for how the sewerage undertaker will manage and develop its drainage system and sewerage system so as to be able, and continue to be able, to meet its obligations under Part IV of the Water Industry Act 1991 (WIA 1991). For more information, see Practice Note: Sewers and drains—sewerage undertakers’ core duties and powers. ‘Cleaning’ a sewer means the removal

A sewerage undertaker has a general duty under section 94(1) of the Water Industry Act 1991 (WIA 1991) to ensure that the area for which it is responsible is and continues to be effectually drained. This duty is enforceable under WIA 1991, s 18 by the Secretary of State or with their consent by Ofwat. Therefore, to ensure that the domestic needs of premises can be met by linking them to the main sewerage system in a reasonable time, developers or owner and occupiers of existing premises are entitled to requisition sewers or lateral drains to meet those needs under s 98 of the Act; provided the financial conditions specified in s 99 (as amended by Water Act 2014 (WA 2014)) are complied with. Making a requisition A requisition is started by a service of a notice on the sewerage undertaker to provide a sewer or lateral drain. Only the owner or occupier of premises to

This Practice Note sits within the wider suite of materials on sewerage and drainage, which together cover the legal framework for the construction, maintenance, protection and operation of sewerage systems and the regulation of discharges. It focuses specifically on the statutory functions, core duties and powers of sewerage undertakers under the Water Industry Act 1991 (WIA 1991) and related legislation, providing the foundation for understanding how those wider regimes operate in practice. It should be read alongside the following Practice Notes on discharges from sewers and drains, maintenance and protection of sewers, sewage disposal and the regulation of the sewerage system, which examine in more detail the regulatory controls, enforcement mechanisms and liabilities that apply to the exercise of those duties: • Sewage disposal—discharges from sewers and drains • Sewage disposal—regulation of the sewerage system • Sewage disposal—regulation of sewage disposal works • Sewers and drains—key definitions • Sewers and drains—maintenance and protection of sewers A sewerage undertaker is the company

Undertakers’ powers to lay pipes The powers of a sewerage undertaker to lay sewers, lateral drains and disposal mains are found in sections 158 and 159 of the Water Industry Act 1991 (WIA 1991). An undertaker will be able to exercise these powers both inside and outside of its area. In the WIA 1991, references to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe. References to the laying of a pipe include references to the construction of such a tunnel or conduit, to the construction or installation of any such accessories and to the making of a connection between one pipe and another. Where an undertaker intends to lay a pipe—other than a storm water overflow sewer—outside of its area, it must first notify the undertaker for the relevant

FORTHCOMING CHANGES: In measures expected to come into force on 1 October 2026, time limits for making certain claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) will be increased from three months to six months. The changes are set out in section 152 of the Employment Rights Act 2025 (ERA 2025) and ERA 2025, Schedule 12 (not yet in force), and in The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (draft), The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (draft) and The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026, SI 2026/473. This Practice Note will be updated as soon as the relevant statutory instruments are made. For more information, see Practice Note: Employment Rights Act 2025—tracker. This Practice Note contains a high-level, low detail guide to all our materials relating to protections and liabilities arising out of acts and omissions that amount to sex discrimination or other forms of prohibited conduct that are connected to sex. The

The concept that it is unlawful for an individual to discriminate against another on the grounds of his or her sex.

The current position and how we got here As in other areas of discrimination law which apply to pension schemes, the law on sex discrimination has been heavily influenced by European law. In this area, three different strands of European law helped to develop UK law: • case law of the Court of Justice of the EU (CJEU)—in relation to how CJEU judgments apply in the UK, Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023), s 6 sets out new tests and procedures to apply when UK courts consider whether to depart from previous decisions of the CJEU. Previously, when considering whether to depart from retained EU case law, the Supreme Court and Court of Appeal (together, the Higher Courts) applied the test of whether it appeared 'right to do so'. REUL(RR)A 2023 amends s 6 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) so that once the new provisions are in force, the Higher Courts must have regard (among other things) to specified factors. For more detailed guidance on whether

This Practice Note considers the key cases in the area of sex discrimination in the context of pension schemes. It contains references to case law of the Court of Justice of the European Union (CJEU) (previously referred to as the European Court of Justice (ECJ)). For guidance on whether EU judgments are binding on UK courts, see Practice Note: Assimilated law — Assimilated case law. Bilka-Kaufhaus v Weber The case is significant for: • its recognition that access to a pension scheme provided by an employer constitutes an element of pay for the purposes of the right to equal pay under Article 119 of the Treaty of Rome (superseded by Article 157 of the Treaty on the Functioning of the European Union (TFEU)). Note that the right to equal pay under Article 157 TFEU had direct effect in UK law and constituted retained EU law until 31 December 2023. Since 1 January 2024, it no longer has direct effect in the UK. It appears that members of pension schemes and their dependants

In Hodgson v Toray Textiles Europe, the High Court applied the principle that trusts declared in a pension scheme trust deed override different provisions in a members' booklet, unless there is estoppel. Moreover, the case illustrates that a notice of change of benefits (including retirement ages) to members will normally not valid unless accompanied by a deed of variation.