16/04/2024
If a public sewer is within the boundary of your property, the land may be yours, but the sewer itself is owned and maintained by the local water company. This gives the water company legal rights of access and can affect what you are allowed to build, extend, or change on your property. Understanding your rights and responsibilities early can help you to avoid legal, financial, and planning issues.
In this article, our drainage experts explain what a public sewer is, how it differs from a private sewer, how it can affect development, and how to find out whether a public sewer runs through your property.
A public sewer is maintained and owned by local water or sewerage companies. These sewersare normally found in public open spaces and roads, but can run through private gardens too. The water or sewerage company has the statutory right of access to this land. If the business carries out work on sewers within your property boundaries, they must follow a code of practice, which you can access from your local water authority.
In most cases, the following are classed as public sewers:
Sewers shared by two or more properties
Sewers that serve a single property but are located outside that property’s boundary
Since changes to legislation in 2011, pipes that were once privately maintained are now public sewers. Discover more information on the legal changes to the ownership of sewers in our article ‘What are Private Drains and Sewers?’.
Private sewers and drains are the responsibility of the property owner, up to the point that the private drainage system joins with another and becomes a public sewer.
Homeowners are responsible for drainage systems that
Examples of private sewers and drains include:
If you are not sure whether your property is connected to a private or public sewer, you can:
For more information on identifying who is responsible for your drains, take a look at our guide ‘How to find the drains on my property’.
Having a public sewer within your property boundary does not usually cause any problems for homebuyers and homeowners on a day to day basis. Although it can affect development and future building work as water companies have legal powers to protect their sewer assets.
If you plan to build near or over a public sewer, the water company may:
If a sewer is built over incorrectly,, it can collapse or burst, which can cause issues with any buildings overhead. Find out how to safely build over a drain in our article ‘How to bridge over a sewer pipe’.
Building over or within three metres of a public sewer without formal approval is illegal. This applies to all types of structures, including:
To build legally, you must apply for a build over agreement from your local water authority. Without this approval, you may face enforcement action and difficulties when selling your property in the future.
Discover how to get formal planning permission in our article ‘What is a build over agreement’.
Water companies have a statutory right of access to private land to enable them to inspect, maintain and repair public sewers. Reasonable notice must be given (except in emergencies) before access is required. This means they can legally enter private land to replace or repair public sewers, and other assets like pumping stations.
If a local water company needs to inspect a public sewer within your property boundary, this can normally be achieved via a manhole. This means it is important that any of these on your property are not permanently covered. If repair or maintenance work needs to be carried out, this often includes excavation, which may cause damage to the property. However, as long as the correct procedures are followed during construction work near the sewer, the water company will repair any damage to a reasonable standard.
Public sewers running through property boundaries are very common, particularly since the private sewer transfer in 2011. This resulted in most private sewers throughout England and Wales being transferred into public ownership. In 2022, most properties have a public sewer on or near their land.
The best way to establish if your property is connected to a public sewer system is by contacting a professional and having a drain survey carried out.
An expert drainage company such as Lanes, can:
You can also check the deeds to your property or contact your local water authority directly.
A public sewer within your property boundary does not usually reduce property value. However, it should be disclosed during the sale process as it can limit future development. Unauthorised building work near a public sewer can delay or jeopardise a sale.
A public sewer within your property boundary may seem concerning, but by understanding your rights and responsibilities, it rarely causes major issues in practice.
For support and advice on any aspect of sewer maintenance for your property, including determining who is responsible for your drains, get in touch with Lanes today.
You can read more about our sewer and drain services such as CCTV drain surveys on our dedicated page, or give us a call on 0800 526 488 to find out how we can help you.