What is a section 104 agreement UK?
A Section 104 agreement (under the Water Industry Act 1991) is an agreement between a developer and sewerage undertaker for the adoption of sewers serving a development. There are strict regulations in place for obtaining an agreement which can be a minefield for developers.
What is a section 104?
Section 104 Agreement Section 104 of the Water Industry Act (1991) provides a mechanism for newly-constructed private sewers and pumping stations to be ‘adopted’ by the local sewerage authority, who will then maintain them at their own expense.
What is a section 102?
It is a provision in the Water Industry Act which allows an owner of a private sewer to apply to their sewerage provider (United Utilities, in this case) to take over responsibility for the sewer.
What is a section 104 easement?
A S104 (Section 104 of the Water Industry Act (1991)) agreement is a legal agreement between a developer and a water company, where the developer agrees to build sewers to an agreed standard, which the water company will then adopt.
How long does a S104 agreement last?
The applicant then remains responsible for the maintenance and repair of the sewers for an agreed period (typically 3 to 12 months), after which a final inspection is undertaken.
What is a sewer adoption agreement?
This is an agreement between the developer and water company that specifies the criteria of adoption. In short, the developer agrees to build the sewers to an agreed standard, and maintain them for a certain amount of time after the development is occupied, usually a few years.
What is a build over agreement?
A Build Over Agreement is required where building work is to take place close to (within 3 metres of) or over the route of an existing public sewer or drain. Any work involving new foundations, underpinning, piling or basements requires approval of the Water Company prior to work commencing on site.
What happens if I don’t get a build over agreement?
Without a build over agreement, your local council’s building control department might not sign off your Building Regulations completion certificate – and without this, you may have problems when trying to sell your property.
Who is responsible for a build over agreement?
A Build Over Agreement is one with the water authority that sets out if you were undertaking work over or within 3 metres of a public sewer it will not negatively affect that sewer below and it also ensures that the water authority have sufficient access to the sewer so it can be repaired and maintained in the future.
How much does a build over agreement cost?
How much does the application cost? A self-certified build over agreement is free but can only be applied for if you’re building over or near a domestic sewer up to 160mm in diameter, You’ll also need to meet all of our criteria, explained on page 5.
Is a build over agreement a legal requirement?
A Build Over Agreement is required by water companies for any construction work over public sewers or within 3m of one. This obligation is even enshrined as a covenant in the Deeds of some more modern properties.
What happens if I don’t have a build over agreement?
What is the difference between Section 104 and Section 102?
The distinction to note between the agreements is that Section 104 Agreements relate to the adoption of new sewers, whereas Section 102 Agreements relate to the adoption of existing sewers.
What is a section 104 sewer adoption agreement?
What is a Section 104 sewer adoption agreement? A Section 104 sewer adoption application must be made before your drainage contractor can begin the construction of a new sewer, so that the local sewerage authority will agree to adopt the newly constructed private sewer (or pumping station) once works have been completed.
Are there any outstanding effects of Section 104 of the Planning Act?
For further information see the Editorial Practice Guide and Glossary under Help. There are currently no known outstanding effects for the Planning Act 2008, Section 104. Revised legislation carried on this site may not be fully up to date.
What is the easiest way to do a section 104?
The easiest way to do a Section 104 application is to choose a drainage contractor who will take care of it as part of their service. They will already know how to produce a compliant plan and the process will be as smooth as possible – saving you time, money and effort.