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Build Over Sewer Agreements

Build over sewer agreement

Is there a sewer within your property boundaries? If you have a manhole cover in your garden then yes there is.

Your boundaries will be edged red on Land Registry plans and hopefully your fence line matches these.

Lifting your manhole cover should give you a rough idea of the sewer route. If you can see your manhole cover your property is hopefully not built over the sewer. However, if you can see the sewer line passing under your house, extension or conservatory you may need a Build Over Sewer Agreement from your Water Authority.

You must NOT build over the sewer as the water company has a legal right of way over your property. This ensures they can maintain and repair the sewers. They are also required to make good any damage they cause.

If you think the sewer is built over, but you have no Build Over Sewer Agreement, then this is of concern. This will cause problems with access for repairs. In these circumsrances a Build Over Sewer Agreement is needed. Contact your water company to obtain this. They are standard documents and they will have a fee. A site visit is also required.

Bear in mind that if you are selling or remortgaging, your mortgage lender is going to insist on either a Build Over Sewer Agreement or indemnity Insurance for lack of Build Over Sewer Agreement.

In some instances Indemnity Insurance will suffice. But Indemnity Insurance does not solve the problem. It offers a payment if a claim is successful. To be successful you must not have breached the policy terms and conditions. The insurance usually covers loss of property value and/or enforcement action being taken against you. It can be relied upon on future resale and passes to the next owner.

The Build Over Sewer Agreement should have been obtained at the time your Extension or Conservatory was built. However, they can be retrospectively obtained. They are not free and you will need to pay for it. They also take time and the Water Company may need to do a site visit.

Not obtaining or not having a Build Over Sewer Agreement WILL delay your sale.

Contact Dwr Cymru for Welsh properties. There are various water companies in England.

Your Conveyancer will be familiar with the above and able to assist you.

Read more about Build Over Sewer Agreements here…


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