BRIEFING NOTE: Understanding build overs and the CON20DW

Our fourth webinar, Understanding build overs and the CON29DW, is now available on catch up on the DWSN YouTube Channel. It forms part of a programme of webinars developed by the Drainage and Water Searches Network (DWSN) to celebrate its 10th anniversary. The session provides insights into build overs which is an area that is of great importance to property buyers and can also be complex. This briefing note provides an overview of the key points for you.

The build over question is covered in a CON29DW by Q2.7 ‘Has a sewerage undertaker approved or been consulted about any plans to erect a building or extension on the property over or in the vicinity of a public sewer, disposal main or drain?’

1. Purpose of the build over question?

When purchasing a property your client may well be planning to add, for example, an extension or a conservatory to their property. They will need to know if any public pipework is running through their property boundary and what it may mean for any further development as this could influence their purchase decision. This applies whether the property is residential or commercial.

If there is pipework in the boundary and a property has already been extended, then you will need to confirm that any such extension or development had appropriate planning permission. That will also include checking if a build over was consulted on.

2. Building regulations and the relevance for build overs?

If a development, including extensions and conservatories, are subject to national building standards (outlined in H4 Building Regulations) then the homeowner will likely need permission to build over or within 3 metres of the centreline of a public sewer from the local sewerage undertaker.

The relevant section is Part H4 of the Building Regulations which covers building over sewers, drains and disposal mains to ensure that the proposed work doesn’t damage the sewer and still leaves access for maintenance and repair. The work must not overload the drain, and H4 includes guidance on diverting sewers when needed. You can access that information here.

Restrictions can be placed on developments, and they can include:

• 3m Protected strip (Part H4 Building Regulations)
• Legal Easement (Deed of grant associated to property)
• Build Over Agreements (if permission granted by sewerage undertaker under Part H4)
• Legal right to demolish (Section 36 Building Act 1984)

Access

• 24/7 (see Part H4 [para.1.3] Building Regulations)
• Statutory under notice

Remember if permission has not been sought ahead of any development and it is found to be in contravention of Part H4 of the building regulations then the sewerage undertaker, in extreme cases although very rare, can request for the building to be removed or altered. That will be at the current homeowner’s expense, so it is essential to know prior to completing a purchase.

3. Possible responses to the build over question

• Answered as none or no record of a build over

One of the common responses in a search is none and that means the sewerage undertaker has never been consulted or provided approval for a build over. Now it may be that approval was never required due to the size of the sewer or drain, rather than permission not being sought but it always worth checking ahead of any purchase as the purchaser may be held liable. One other consideration is that following the private sewer transfer on 1st October 2011 there may be private sewers and lateral drains that have been built over that have now transferred into public ownership. Historically when these assets were private there was no requirement for a build over agreement. Now that the sewer or drain is in public ownership, if there is a building over the sewer, you may want to check its status with the property’s sewerage undertaker. Different undertakers have different policies regarding the need for a retrospective build over agreement and this is often on a case-by-case basis depending on the level of perceived risk. Here is a link that will enable you to identify the relevant CON29DW provider and their contact details – click here.

• Answered as Approved/Consulted

If there is a public sewer or drain running under a building in the property boundary then it is always useful to have confirmation that a build over agreement was applied for and put in place ahead of purchasing the property. If your client wants a copy of a build over agreement, then it is possible to get a copy from the sewerage undertaker but there may be a fee involved.

• Answered as rejected

We don’t see as many rejected responses as sewerage undertakers will try to accommodate most applications and will only reject an application where it puts the sewer at risk of damage or restricts access for maintenance.

4. Summary

• Q2.7 is key – as it will confirm if the sewerage undertaker has approved or been consulted on any proposed plans to build over or near to a public sewer or drain
• It’s included in the search as the presence of public assets running within the boundary of the property may restrict further development and so your clients need to be aware ahead of any purchase decision
• It’s also worth knowing to ensure the correct planning application has been followed and a build over agreement obtained if required
• Remember any buildings or extensions erected over a sewer in contravention of building controls may have to be removed or altered. And this would be at the expense of the homeowner at the time the contravention was found, whether or not they put up the extension. It’s rare that this would happen, but it is an option for the sewerage undertaker.

Going forwards – Support for you

For more information CON29DW searches and DWSN head to www.con29dw.co.uk. Here you can access the postcode look-up tool to help find the CON29DW provider for your client’s address and the contact details for your local DWSN member. If you have any detailed queries about a particular water or drainage issue – do contact your local provider, they have specialist expert teams who will be able to help you.

There are also more videos on the DWSN YouTube Channel, these are great for induction packs and team updates and provide an in-depth look at individual questions within a CON29DW search.