ChatterBank4 mins ago
Who do I contact? Please help if you can
19 Answers
Hi there,
My husband and I moved into a property about 4 months ago. We recently began to notice that there serious problem with the drains. Our house is basically at the end of a large (mostly council) housing estate, we have reason to believe that the waste coming up from the drain in our garden is not just our own and think it could be a health hazard (there is human excrement coming up through the drains). Should we contact the council first, or because our house is a private property will they fob us off and tell us to hire a plumber?
Thanks
My husband and I moved into a property about 4 months ago. We recently began to notice that there serious problem with the drains. Our house is basically at the end of a large (mostly council) housing estate, we have reason to believe that the waste coming up from the drain in our garden is not just our own and think it could be a health hazard (there is human excrement coming up through the drains). Should we contact the council first, or because our house is a private property will they fob us off and tell us to hire a plumber?
Thanks
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.I would agree with rockyracoon. Also, I was told by council workers who were going down our street taking up everyones drain covers in their drives and cleaning them out, that before it was the householder's responsibility to check this drain but now it has become the council's responsibility. So, a call to them would be good too.
Since October 2011 the home owner is only responsible for the drain until it joins a shared drain/sewer. The diagram below gives details.
http://www.draindomai...is%20it%20anyway.html
http://www.draindomai...is%20it%20anyway.html
Use your Building Insurance, they will get a company to come out and do a survey of your drain. They will find out where the problem is and who is liable for payment, if a shared drain between ou and neighbours they will sort who owes what percentage of any repairs. If not anything to do with your property you shouldnt be charged a thing.
Gingejbee is almost spot-on. Ownership of drains was not transferred, but the maintenance responsibility was transferred to the relevant water utility company in the area from 1st October 2011 (in Englanfd & Wales, at any rate).
Hence it is nought to do with either the council or your building insurance company, who most definitely will not send anyone out, in spite of what the above responder may believe.
Hence it is nought to do with either the council or your building insurance company, who most definitely will not send anyone out, in spite of what the above responder may believe.
buildersmate: re ownership. I have a copy of the legal document from my water supply company concerning the changes in the law. This clearly states that "the ownership and maintenance for private sewers and lateral drains has been transferred to us". It goes on to say that they "have become a public sewer and public lateral drain belonging to this water company".
Gingejbee
On the other hand this information from Defra (and indeed any other website I care to look at) refers to responsibility for 'maintenance and repair transferring'.
http://www.defra.gov..../water/sewage/sewers/
It's probably a moot point and one of little consequence, but I think the issue is that the water company can't actually own the pipes that are stuck under someone else's ground. What they can have is a legal entitlement to the free passage of sewage through your land via an easement (and this clearly requires pipes of some sort) plus (as from 1st October 2011) the legal responsibility to maintain and repair them.
On the other hand this information from Defra (and indeed any other website I care to look at) refers to responsibility for 'maintenance and repair transferring'.
http://www.defra.gov..../water/sewage/sewers/
It's probably a moot point and one of little consequence, but I think the issue is that the water company can't actually own the pipes that are stuck under someone else's ground. What they can have is a legal entitlement to the free passage of sewage through your land via an easement (and this clearly requires pipes of some sort) plus (as from 1st October 2011) the legal responsibility to maintain and repair them.
Buildersmate - I can see what you are saying and you may feel that we are talking semantics here but......
I have looked at the document that my water company sent to me (entitled "Important legal changes to the ownership of your sewers") and after quite a bit of the usual legal speak it goes on to say "that the ownership will transfer to the water company and become a public sewer or public lateral drain belonging to the Company".
I have no doubt that if push came to shove (in a court case, for example), the above wording would leave no doubt as to who owned the pipework.
I have looked at the document that my water company sent to me (entitled "Important legal changes to the ownership of your sewers") and after quite a bit of the usual legal speak it goes on to say "that the ownership will transfer to the water company and become a public sewer or public lateral drain belonging to the Company".
I have no doubt that if push came to shove (in a court case, for example), the above wording would leave no doubt as to who owned the pipework.