Private sewage ownership transfer

As of October 1st, 2011 private sewers and lateral drains are to be adopted by water companies as a result of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 which came into force on 1st July, 2011. 

Property owners will no longer be responsible for a private sewer which serves more than one property. It used to be the case that its repair and maintenance was shared between the properties joined to the private sewer. The effect is similar with lateral drains which serve one property, but part of the drain extends beyond the boundaries of the property – it used to be the case that repair and maintenance was borne by the property to which is served solely.

All private sewers and lateral drains in existence on the July 1st, 2011 transferred on October 1st, 2011 and become the liability of the local water company provided that the water company has served notice of the transfer on the property owners by August 1st,2011.

Whilst the private sewer transfer will relieve maintenance and clarify ownership, property developers need to be careful if they have lift and shift provisions allowing them to move the route of drainage pipes should they wish to develop in the future. Such provisions will be lost on transfer unless a property owner has appealed the adoption to OFWAT (The Water Services Regulation Authority) within 2 months of the notice showing that it would be sufficiently detrimental to them and that they would be significantly worse off financially or otherwise if adopted.

Other changes include a minimum build standard for all private sewers or lateral drains which are to be connected to the public sewers.  Developers will therefore be required to enter into an Adoption Agreement with the local water company before connection can be made. 

Private pumping stations will not be transferred immediately but it is anticipated that they will transfer by October 2016 in order to give sewerage companies time to find and survey stations and work out what works are required. Until that time the responsibility for the repair and maintenance of private pumping stations will be shared between the properties using it.

Privately owned septic tanks and cesspits and their connecting pipe work, large multi occupied commercial sites and sewers that carry water directly to a water course will not transfer.