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Build Over Sewer Agreements

Build over sewer agreement

Is there a sewer in 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. You can get copies online from Land Registry for £3).


Lifting your manhole cover should give you a rough idea of the sewer route. If you can see your manhole cover your property (and any extension) are not likely to be 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. These can cause delays when selling your property.


It is advisable that you do NOT build over the sewer line as your water company has a right to access the sewers for maintenance. This allows them to carry out repairs and clear blockages which occur from time to time. As you can imagine this is in everyone’s best interest. The water company are also required to make good any damage they may cause whilst carrying out maintenance and repairs.


If you think your sewer is built over, but you have no Build Over Sewer Agreement, then this is of concern.


This situation is likely to cause problems moving forward. In these circumsrances a Build Over Sewer Agreement is needed. Contact your water company to obtain this. These are standard documents but they will have a fee for dealing with this. In addition a site visit is likely to be 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. You will not need both.


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. Indemnity insurance requires a one-off premium payment.


The Build Over Sewer Agreement should have been obtained at the time your Extension or Conservatory was built. Most builders do not seem to take this into consideration. Luckily, 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 attend at least once.


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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