C.1 There are a number of different ways in which a sewer may become a public sewer. Drains serving only one curtilage cannot be adopted by the sewerage undertaker.
An agreement with the sewerage undertaker to adopt sewers on completion
C.2 Under Section 104 (Agreements to adopt sewer or sewage disposal works at future date) of the Water Industry Act 1991, a sewerage undertaker may enter into an agreement with a developer to adopt a sewer at some time in the future subject to certain conditions. In cases of dispute appeals may be made to the Director General of Water Services.
C.3 Sewerage undertakers normally require the work to be carried out in accordance with their standards which are published in Sewers for Adoption.
Requisition of a sewer from the sewerage undertaker
C.4 Under Section 98 (Requisition of public sewer) of the Water Industry Act 1991, the owner or occupier of a building or proposed building or a local authority may requisition a sewer from the sewerage undertaker. The sewer is constructed by the sewerage undertaker who may use its rights of access to land. The person requisitioning the sewer may be required to contribute towards the cost of the sewer over a period of 12 years.
Adoption by the sewerage undertaker at the request of the owner
C.5 Under Section 102 (Adoption of sewers and disposal works) of the Water Industry Act 1991, a person may request a sewerage undertaker to adopt an existing sewer. The sewer should be in good condition and accessible. In cases of dispute, appeals may be made to the Director General of Water Services.
Adoption by the sewerage undertaker at its own volition
C.6 Under Section 102 (Adoption of sewers and disposal works) of the Water Industry Act 1991, a sewerage undertaker may decide to adopt an existing sewer of its own volition. The sewer should be in good condition and accessible. In cases of dispute, appeals may be made to the Director General of Water Services.
Making connections to public sewers
C.7 Under Section 106 (Right to communicate with public sewer) of the Water Industry Act 1991, the owner or occupier of a building has a right to connect to a public sewer subject to the following restrictions.
a. Where the public sewer is designated as either a foul sewer or a surface water sewer, the right is limited to connection of foul drains or surface water drains as appropriate.
b. The manner of the connection would not be prejudicial to the public sewer system.
c. 21 days notice is given to the sewerage undertaker of the intention to make the connection.
C.8 Under Section 107 (Right of undertaker to undertake making of communication with public sewers) of the Water Industry Act 1991, the sewerage undertaker may undertake the work of making the connection and recover their reasonable costs. Alternatively they may allow the developer to undertake to carry out the work under their supervision.
C.9 Guidance on making connections to existing sewers is given in paragraphs 2.15 and 2.16.
Drains which could be used to drain other developments
C.10 Section 112 of the Water Industry Act 1991 enables the sewerage undertaker to require that a drain or sewer be constructed in a different manner so that it may form part of the general system of drainage. The sewerage undertaker repays the person constructing the drain or sewer the additional costs of complying with the undertaker’s requirement.
Where land or property neighbouring the applicant’s site is likely to be developed, it would be prudent for the applicant to discuss the possibilities with the planning authority and the sewerage undertaker.
Adoption of surface water sewers by the Highway Authority
C.11 Under Section 37 (Highway created by dedication may become maintainable at public expense) or Section 38 (Power of highway authorities to adopt by agreement) of the Highways Act 1980, a highway authority may adopt, or agree to adopt in the future the drainage associated with a highway. Under Section 115 (Use of highway drains as sewers and vice versa) of the Water Industry Act 1991, the highway authority may agree that a highway drain may be used to drain rainwater from buildings. This power is descretionary.
Table C1 Characteristics that should be considered when designing or laying a shared drain/sewer so that it meets the basic requirements for adoption
