There are a variety of pipes that run under the infrastructure of Britain. Whilst most of these won’t be of relevance to you, it can be a problem if these run within your property boundaries and specifically if they have been built over. How much of a problem depends on who owns the pipes and what agreements are in place regarding their maintenance.

Before 2011, in the case of pipes which carry wastewater away to the main sewer (lateral drains), individual property owners were responsible for maintenance even though these were owned by a third party, as they were deemed to serve the property.

This resulted in access difficulties and also potential difficulties and costs in repair and maintenance for homeowners.

From July 1, 2011 a transfer of ownership took place known as the Private Sewer Regulations 2011, aka the Schemes for Adoption of Private Sewers. This was to the benefit of the majority of customers of sewerage undertakers.

It's vital to check if there are any sewerage pipes under where you plan to build or extend

It resulted in the UK’s water and sewerage companies, including Yorkshire Water in our locality, statutory duties to maintain the public sewerage system being extended to all sewers which are connected to the public sewerage system and to drains outside the property’s parameters.

Whilst these regulations expired on June 20, 2018, it has meant that pipes under properties prior to this date have now been brought under the local water authority’s maintenance.

For drains and sewers built after this expiration date in new build developments it is now law for a section 104 agreement under the Water Industry Act 1991 to be entered into between a developer and water company. This ensures the developer builds the sewers to an agreed standard and then the water company will adopt them.

For any pipe that is maintained by the local water company and is under a building or structure, such as an extension or conservatory, the water company has the authority to remove the structure to get access to the sewer.

If the structure was built after October 2011, then the owner can apply for retrospective build-over consent, which is an agreement from the local authority for their sewer to be built over.

If the structure was built prior to October 2011, a build over agreement would not be applicable as the pipe will have been deemed private. However, any future structures should be built with consideration as to whether a build over agreement would be necessary.

If you own an older property with drainage infrastructure running beneath it, it is unlikely that the local water authority will request access to these pipes and it will be your responsibility to maintain and pay for any repairs that may be required.

It is particularly important when buying a property that a drainage search is carried out by your conveyancer as the results of this survey may influence your purchase, or impact on future sale.

For those considering an extension, Yorkshire Water say: “If you’re building within three metres of a public sewer, you will need our approval first. You can apply to us for a desktop assessment and we’ll let you know if there are any sewerage assets that might affect your work.”

*Jessica Herrett is a conveyancer at Switalskis Solicitors.

Checking who is responsible for the pipes under your property