Legislation

B.1 Although the Building Regulations do not include requirements for the continuing maintenance or repair of drains and sewers, local authorities and sewerage undertakers have powers to ensure that adequate maintenance is carried out, that repairs and alterations are carried out properly, and that disused drains and sewers are sealed.

Power to examine and test

B.2 Under Section 48 (Power of local authority to examine and test drains etc. believed to be defective) of the Public Health Act 1936 the local authority may test any drain or sewer where it appears to them that they have reasonable grounds for believing that is in such a condition:

a. as to be prejudicial to health or a nuisance (for example it is harbouring rats); or

b. (for those drains or sewers indirectly connecting to a public sewer) is so defective that groundwater leaks into it.

B.3 Under Section 114 (Power to investigate defective drain or sewer) of the Water Industry Act 1991, sewerage undertakers may examine with a public sewer, where it appears to them that they have reasonable grounds for believing that is in such a condition:

a. as to be injurious or likely to cause injury to health or be a nuisance; or

b. is so defective that subsoil water leaks into it.

Power to require repairs

B.4 Under Section 59 (Drainage of building) of the Building Act 1984 the local authority may require the owner of a building to carry out remedial works where a soil pipe, drain or private sewer is:

a. insufficient;

b. in such a condition as to be prejudicial to health or a nuisance; or

c. so defective that subsoil water leaks into it.

Power to repair drains or private sewers

B.5 Under Section 17 (Power to repair drains etc. and to remedy stopped up drains etc.) of the Public Health Act 1961, as amended, local authorities have powers to repair or remove blockages on drains or private sewers which are not sufficiently maintained or kept in good repair or are stopped up, provided the cost does not exceed £250. They must first give notice to the owner. The costs may be recovered from the owner or owners of the drain or sewer.

Repair, reconstruction or alterations to underground drains or sewers

B.6 Although repairs, reconstruction or minor alterations to drains or sewers are not normally covered under the Building Regulations, local authorities have other powers to control such works.

B.7 Material alterations to existing drains and sewers are, however, covered under the Building Regulations.

B.8 Notice to be given before repairs or alterations are carried out. Under Section 61 (Repair etc. of drain) of the Building Act 1984, any person intending to repair, reconstruct or alter a drain must, except in an emergency, give 24 hours notice to the local authority of their intention to carry out the works. Where the works are carried out in an emergency they shall not cover over the work without giving such notice. They must also give free access to the local authority to inspect the works.

B.9 The local authority may, if appropriate, use their powers under Section 48 of the 1936 Public Health Act (see paragraph B.2) to test the drain, or under Section 59 of the Building Act 1984 (see paragraph B.4) to require remedial works.

Sealing or removal of disused drains or sewers

B.10 Disused drains and sewers offer ideal harbourage to rats and frequently offer a route for them to move between sewers and the surface. They could also collapse causing subsidence.

B.11 Under Section 62 (Disconnection of drain) of the Building Act 1984, any person who carries out works which result in any part of a drain becoming permanently disused, they shall seal the drain at such points as the local authority may direct.

B.12 Section 82 (Notices about demolition) of the Building Act 1984 allows the local authority to require any person demolishing a building to remove or seal any sewer or drain to which the building was connected.

B.13 Under Section 59 (Drainage of building) of the Building Act 1984, the local authority can require the owner of a building to remove, or otherwise render innocuous, any disused drain or sewer which is prejudicial to health or a nuisance.

Guidance

B.14 Paragraphs B.15 to B.19 give guidance on the appropriate methods associated with the repair and alteration of drains and sewers, and the removal or sealing of disused drains and sewers.

Repairs and alterations

B.15 Repairs, reconstruction and alterations to existing drains and sewers should be carried out to the same standards as new drains and sewers (see Approved Document H1 Section 2).

B.16 Where new pipework is connected to existing pipework, particular consideration should be given to the following points.

a. Ensuring that the existing pipework is not damaged, for example by using proper cutting equipment.

b. Ensuring that the resulting joint is water tight, for example by using purpose made repair couplings.

c. Ensuring that differential settlement does not occur between the existing and new pipework, for example by proper bedding of the pipework.

Sealing disused drains

B.17 Disused drains or sewers provide ideal nesting sites for rats. In order to prevent this disused drains or sewers should be disconnected from the sewer system as near as possible to the point of connection. This should be done in a manner which does not damage any pipe which is still in use and ensures that the sewer system is water tight. This may be carried out, for example, by removing the pipe from a junction and placing a stopper in the branch of the junction fitting. Where the connection was to a public sewer the sewerage undertaker should be consulted.

B.18 Drains or sewers less than 1.5m deep which are in open ground should as far as is practicable be removed. Other pipes should be sealed at both ends and at any point of connection, and grout filled to ensure that rats cannot gain access.

B.19 Larger pipes (225mm and above) should be grout filled to prevent subsidence or damage to buildings or services in the event of collapse.

Appendix H1-B: Repairs, alterations and discontinued use of drains and sewers