Build Over Agreements: Understanding the Essentials
When planning home extensions or new builds, many homeowners are unaware that they need permission to build over or near existing public sewers. This permission is known as a Build Over Agreement and is a critical step in ensuring that construction projects do not interfere with public infrastructure.
What is a Build Over Agreement?
A Build Over Agreement is a formal arrangement made with a water company that grants permission for construction work to be conducted over or near public sewers or drains. Public sewers are often located on private property, and if your construction project could potentially impact these systems, obtaining this agreement is not only wise—it’s a legal requirement.
The purpose of a Build Over Agreement is to make sure that the public sewer remains accessible for maintenance, repair, and inspection. It ensures that the new construction does not compromise the integrity of the sewer or make access impossible in case work needs to be done on it in the future.
Why Do You Need a Build Over Agreement?
If you plan to extend your home, add a conservatory, or even build a garden structure, it is possible that a public sewer may run below or near the area of work. In these cases, the local water authority needs to ensure that the construction does not hinder their ability to maintain or access the sewer. Here’s why a Build Over Agreement is essential:
Protecting Public Infrastructure: Public sewers are maintained by water companies to ensure effective drainage and wastewater management. Without proper protection, building over these could lead to damage, leakage, or structural failure.
Access for Repairs: Water companies need to access these sewers for maintenance and repairs. A Build Over Agreement ensures that access points are either maintained or carefully relocated so that routine checks and emergency repairs can be conducted.
Compliance with Regulations: A Build Over Agreement is often a legal requirement, and failure to secure one can lead to severe penalties, enforcement action, or potential issues when selling the property.
How to Get a Build Over Agreement
To obtain a Build Over Agreement, you’ll need to contact your local water authority. They will likely request detailed plans of your proposed building work, highlighting the position of any public sewers in relation to the construction. Here are some steps you can expect:
Identify the Sewer Location: The first step is to determine whether a public sewer is within the footprint of your planned work. This can be done by checking your property’s drainage plan or contacting the water authority directly.
Submit Plans: You’ll need to provide detailed plans of the proposed development. The plans should include dimensions and clearly show the proximity of the new structure to the public sewer.
Assessment by the Water Company: The water company will assess the potential risks associated with your building work. If the sewer is small, lightweight construction may be allowed without significant modifications. However, for larger sewers, more complex solutions may be necessary, such as rerouting the drain or reinforcing it to support the new load.
Approval and Agreement: Once approved, a formal Build Over Agreement will be issued. This document typically outlines conditions that you must meet during and after construction, such as ensuring that there are no manholes within new building areas and providing ongoing access for maintenance.
Factors Considered in Build Over Agreements
Several factors will influence whether a Build Over Agreement is granted and what conditions are imposed:
Sewer Size and Type: Larger sewers are generally more difficult to build over and may require additional reinforcement. Gravity-fed sewers need to remain unobstructed, as any damage or restriction could lead to costly repairs.
Distance from the Sewer: Water companies may impose specific distances that must be maintained between the building foundation and the sewer to avoid putting undue pressure on the infrastructure.
Depth and Condition of the Sewer: The depth of the sewer and its existing condition will also play a role in determining whether building over it is permitted.
What Happens Without a Build Over Agreement?
Failing to obtain a Build Over Agreement when one is required can lead to numerous problems down the line:
Legal Consequences: If construction proceeds without a required Build Over Agreement, the water company has the authority to remove the obstruction or refuse to maintain the sewer. This could leave the homeowner responsible for extensive and expensive repair costs.
Property Sale Issues: Many property sales fall through or experience delays because a Build Over Agreement was not secured for construction over a public sewer. Solicitors and buyers typically require proof that permissions are in place to avoid inheriting potential liabilities.
Structural Issues: Building without proper reinforcement or approval could compromise the sewer or the structural integrity of the building itself. Over time, this may lead to blockages, leaks, or worse—structural damage.
Conclusion
A Build Over Agreement is a critical step for anyone planning a construction project that could impact public sewers. It’s not just about compliance; it’s about protecting both the public infrastructure and the investment you’re making in your home or property. By obtaining a Build Over Agreement, homeowners can ensure their projects are safe, legal, and won’t lead to unnecessary complications in the future.
If you’re planning a building project, make sure to understand whether a Build Over Agreement is needed. Doing so early in the planning stage will help avoid unexpected setbacks and keep your construction on track.