The fallback position regarding home ownership and lack of consent to construction appears to be liability insurance. However, as commercial real estate lawyers know, taking out liability insurance is much more expensive compared to commercial real estate. The answer is not clear. When reviewing the history of sewers under the property, there must be costs to be convinced of the position, or there must be costs to obtain a compensation policy. Be that as it may, it is unpleasant that the regulations on the transfer of private sewers do not foresee and are only becoming more frequent, because properties that would have been via private drains before 2011 are now above public properties. The requirement for a construction agreement is set out in the Building Regulations Part H4 Common problems with construction agreements that are not professionally designed (DIY): We will not know what is required until you submit an application and we have seen your plans and the sewers involved, and anyone can apply for the contract, including an owner or builder. More relevant is who is qualified, experienced or insured to create the information package required for the construction agreement. Of course, a builder may have experience with the physical work involved, but it is completely independent to have experience with the design and have appropriate professional liability insurance. Builders in the UK do not have insurance for such work. What is a build-over agreement? A construction agreement is a seal of approval from the water authority for construction work you wish to do above or near a public sewer that is in their possession. This gives you the peace of mind that you have given the sewer the right distance from your new foundation.
It also ensures that sufficient access to the sewer is maintained so that they can clean or repair it if necessary. There is also certainty about these facts for anyone who wants to buy your property if you come to sell. For more information on construction agreements, check out the following answers from Thames Water: Third – The risk of building damage due to sewer failure is not excessive in terms of: Find your cheapest energy and monitors to let you know when to change again. If you are eligible for a self-certified agreement, all you have to do is complete the online questionnaire and you can start your work immediately (provided your work matches the description you provided in the online questionnaire). A self-certified agreement is free of charge. How much does the app cost? It depends on the size of the sewer and whether your property is residential or commercial. Diameter Property Type Cost Class 1 Up to 160 mm (6″) Living £ 343 Up to 160 mm (6″) Commercial £ 687 Class 2 160 mm (6″) to 375 mm (15″), including all £687 Class 3 Over 375 mm (15″) included All £1,300** There are also attorneys` fees to enter into an agreement for very large sewers, which is usually in the order of £500. If you apply online, you can pay with your credit or debit card. If you apply by mail, you can send us a cheque to Thames Water Utilities Ltd using your application form. Please ensure that the website address is on the back of the cheque. You can also pay by credit or debit card. We will then contact you to make the payment by phone.
This becomes more problematic when you are negotiating for a commercial lender. How can you satisfy a commercial lender when a water and drainage search shows that a property has been built over a public sewer and there is no evidence of a superstructure permit, there is no risk that a legally required funeral director will enter the property, dig the ground to access the now public sewer and not repair the damage? If you want to build on top of a sewer, you need a construction agreement. .