Building Control - Private Drainage

The pipe that exits your house is called a drain. If this drain then joins a drain from another property, the pipe becomes a sewer from that point onwards.

Responsibilities for un-blocking or repairing problem sections of foul sewage systems depend upon whether or not the sewer is classed as 'Public' or 'Private' - however this is not always easy to determine.

Public sewers are those that have been adopted by the sewerage undertaker (e.g. Yorkshire Water) and, once adopted cleaning and maintenance of that sewer is their responsibility. Plans of all such sewers are held by the sewage undertaker, and may be available for viewing at the Council Offices.

Sewers built before 1 October 1937 are known as 'section 24 sewers' and are the exception to the rule. They fit the general description of private sewers but they are actually public and therefore managed by the local sewerage undertaker.

A private sewer is a sewer that has not been adopted by a sewerage undertaker, and therefore it is the responsibility of the persons who use the sewer to clear blockages or repair damage.

The fact that a sewer is located under a road does not mean that it is a public sewer.

Some public sewers can be found within the grounds (curtilage) of a private dwelling.

Your household drain may flow straight into a public sewer. If a blockage occurs anywhere in this private drain, you have sole responsibility for cleaning any blockages or carrying out any repairs. Most properties have some length of private drain.

Drains for two properties may join together and form a private sewer, and then run some distance before connecting with the public sewer. If a blockage or defect occurs at a point between two properties in the private sewer system, the owners of the two properties would be responsible for rectifying the problem.

Note that the boundary of the property does not indicate the end of your responsibility.

 

Eligibility

 

Anyone who carries or proposes to carry out drainage works on either domestic, commercial, assembly and institutional buildings must submit a Building Regulation application for the work that they intend to do.

 

Procedure

 

It is statutory requirement that the installation of drainage to a new development, extension, or alteration is inspected, and is carried out only as part of a Building Regulation application.

A list of the statutory inspections is included on the approval or acceptance notice of your application (dependant upon the type of application made). Generally, this will be sent to the applicant on domestic works, and the agent (where applicable) on non-domestic works.

If works commence prior to the acceptance or approval notice being issued it is important that the person carrying out the works notifies Building Control on commencement of the works to discuss the inspections that will be required and arrange with the Building Control Officer to visit the works at the relevant stages.

Building Control do not deal with problems or blockages to drains and therefore any problems should be reported to managing agents if you are a private flat owners, landlords if you are a private tenants, and Berneslai Homes if you are a tenant of a Council owned property.

 

Helplines

 

Telephone: (01226) 772678
24 hour answer phone: (01226) 772699
Fax: (01226) 772698
Email: buildingcontrol@barnsley.gov.uk

 

Charges/Fees

 

The total cost of both the Full Plans and Building Notice options is the same. Smaller Full Plans applications require 100% of the fees to be paid at the deposit stage, however more often than not only 25% is required with the remaining 75% due after works have commenced to cover the cost of inspections..

For further advice please contact a Building Control Officer.

You can start work 24 hours after you deposit your application and fees. You must inform Building Control of your intention to commence.

You are advised that Building Control does NOT deal with blockages in existing drains.

 

Methods of Payment Available

 

An initial payment will normally have been made with a Building Regulation application. If you are liable for further inspection fees (dependant upon the type of application made and the plan fee paid when deposited), an invoice will be sent to you following your first inspection, detailing how you are able to pay.

 

Opening Times/Locations

 

Normal office hours:

Monday - Friday: 9.00 - 5.00

Inspections will normally be carried out between 9.30 - 4.00. We are unable to arrange specific times for inspections, but if necessary can usually arrange for inspections to be carried out in either the morning or afternoon..

 

How the customer can help

 

It is ultimately the person responsible for the works (usually the applicant) to ensure that the site inspections are being undertaken for the laying of the drainage.

Remember that you will need a completion certificate. Therefore, if you are the applicant, by all means check that the inspections are being undertaken if your builder has told you that he will arrange them.

The Council will always expect householders to deal with their own blockages and drainage repairs.

 

Application Form References

 

Please contact Building Control to obtain copies of our application forms These are available for all types of application, but there are no specific forms for drainage or drainage inspections as these form part of the overall Building Regulation process.

 

Leaflets

 

Please contact Building Control for copies of our information leaflets.

 

Distribution Points

 

Application forms and information leaflets are available at the Barnsley Connects Service Centre, which is located in The Civic, Eldon Street, Barnsley, S70 2JL

 

Legislation

 

Builders and developers are required by law to submit building regulation applications for approval to obtain building control approval - an independent check that the Building Regulations have been complied with.

The following legislation is used by Barnsley MBC. Building Control.

1. When plans are submitted for approval :

The Building Act 1984
Section1- Power to make Building Regulations.
Section18 - Building over a public sewer.
The Building Regulations 2000
Approved Documents to the regulations.

2. Statutory empowerment to enforce the requirements :

The Building Act 1984
Section 35 - Penalty for contravening building regulations.
Section 36 - Removal or alteration of offending work.
Section 95 - Power to enter premises

The following information relates to the blockage of drains, for which Building Control are NOT responsible, but is provided for your information only.

If served, a Local Government (Miscellaneous Provisions) Act 1976 Notice would require you together with the other affected persons to remove obstructions from the private sewer within 48 hours. The notice or covering letter will indicate all other parties involved. If the notice is not complied with, the work will be completed by the council and the cost for the works, plus any administrative fees will be charged.

If served, the Building Act 1984, Section 59 Notice would require you together with the other affected persons to repair damaged parts of a private sewer. The notice or covering letter will indicate all other parties involved. If the notice is not compiled with, the work will be completed by the council and the cost for the works plus any administrative fees will be charged. Rights of appeal are also set out within this notice.

Your sewage undertaker (Yorkshire Water) must deal with problems relating to public sewers.

Present legislation dictates that the powers that the owners or occupiers of premises above the point of the blockage or defect (i.e. whichever properties effluent flows through that point) are responsible.

 

Websites

 

Local Authority Building Control

 

Response Times/Next Steps

 

Processing Applications

Applications under the Regulations can be by either a 'Full Plans' submission or a 'Building Notice'. When we receive plans, they are checked to see if they comply with the technical aspects of the Regulations. We have to make a decision on these plans within the statutory period of 5 weeks. This can be extended to 2 months with your agreement.

Site Inspection of Building Works

Building Control inspects building work in progress to continually check for compliance with the Regulations. There is a legal requirement for persons carrying out building work to notify the Council once they have reached various key stages, including the laying of drainage.

In the majority of cases, we offer a same day site inspection service if we receive your telephone call before 9.30am. Most of our inspections can be arranged for either morning (10.00am and 13.00) or afternoon (2.00pm-4.00pm.). We are unable to arrange specific times.

 

The following information relates to the blockage of drains, for which Building Control are NOT responsible for, but is provided for information only.

Following your contact Environmental Health staff will endeavour to inform users of the appropriate action to take. E.g. use rods to clear pipes personally or with the help of a neighbour contact a local specialist drain company.

 

 

Additional Notes

 

Definitions:
Drain: a drainage pipe serving just one property.
Sewer: a drainage pipe serving more than one property.
Public Sewer: a sewer not adopted by the sewerage undertaker.
Private Sewer: a sewer not adopted by the sewerage undertaker.
Vested Sewer: a private sewer built before 1st October 1937.
Sewerage undertaker: Yorkshire Water.

In some cases, the drains from an entire estate may join a private sewer system before linking up with the pubic system, and this could be some considerable distance.

 

Frequently Asked Questions

 

Please note:

The following is for information purposes only. Building Control are NOT responsible for the unblocking of drainage systems.

 

The drainage system serving my property is blocked who is responsible for unblocking it?

Before this answer could be answered you need to find out whether or not the blockage you are suffering from is a blocked drain, a blocked private sewer or a blocked public sewer.

People use the terms 'drain' and 'sewer' very loosely, without really understanding what they mean. Under Public Health Law they do have strict legal meanings, which can be defined as follows: (please note that this information is not a full guide to the law and should not be considered as a legal document).

A pipe that only takes drainage from a building or buildings within the same property boundary is called a drain. The water that drains into it may be surface water (for example rainwater from the roof) and/or foul water (for example, bathroom or toilet waste). The responsibility for unblocking a drain or repairing any defects on it lies with the owner or occupier of the building.

This is the case, even if the problem on the drain is beyond the boundary of the building, or under a road or pavement.

From the point at which a pipe takes drainage water from two or more buildings that are not within the same property boundary, it is called a sewer. A sewer that was constructed after 1 October 1937 is called a private sewer unless it has been adopted by Yorkshire Water. The law generally requires that the owners or occupiers of the properties that use and connect into the sewer above the point of blockage, to remove the obstruction and/or repair it. They all must keep it in good condition, regardless of whose land the problem is located on.

Generally, sewers constructed before 1 October 1937 are known as public sewers, but there can be exceptions to this. Yorkshire Water plc is responsible for clearing blockages, maintaining and repairing public sewers.

Therefore to summarise:

• If the pipe blocked serves only your property it is your responsibility as owner or occupier to clear the blockage.
• If the pipe blocked serves your property and some of your neighbours it is a sewer. If your property was built before 1937 the sewer will be the responsibility of Yorkshire Water plc.
  Yorkshire Water can be contacted on their helpline 0845 1242429. This line is open 24 hours a day 7 days a week.
• If the pipe blocked serves your property and some of your neighbours and the properties were built after 1937, this will be classed as a private sewer unless it has since been adopted by Yorkshire Water. It is the responsibility of you and all your neighbours who drain into the sewer above the point of the blockage to clear it. To check if your sewer may have been adopted you should contact Yorkshire Water plc on their helpline 0845 1242429.

I have established the blockage is on a private sewer serving my property and my neighbours. What can I do?

It is the joint responsibility of you and your neighbours to clear the blockage regardless of whose land the blockage is on. You must therefore jointly arrange to have the sewer cleared and agree how you share the costs.

My neighbour will not pay for their share of the costs. What can I do?

Unfortunately, the only way costs can be shared out, if neighbours will not agree to pay their share, is by the Council serving a legal notice on all persons responsible. The notice has to give persons 48 hours to clear the blockage before the Council can clear it ourselves.

Why am I responsible for drainage problems that are not on my land?

Unfortunately, Drainage Law is not dependent on who owns the land, which the problem is on. It depends upon who drains into the private sewer above the point of blockage or defect. If your drainage waste goes through that pipe you may be partly responsible, irrespective of where the problem is.

Why do my Water Rates not cover me for these problems?

Your water rates are for the upkeep of the public sewer network and for the sewage treatment carried out at the sewage treatment works. They go towards the provision and maintenance of a water supply to your house.

You are responsible for the repair and maintenance of the drainage system up until the point it connects into the public sewer network.

Why does my Council Tax not cover me for the upkeep of private sewers and drains?

The Local Authority do not own any drains or sewers, except those serving their own properties. They are responsible for highways drainage but this is separate from drainage of buildings. The Local Authority also has a statutory duty to investigate private drainage problems and enforce the law relating to private drainage.

Last modified on 17/9/2008