Who Is Responsible for Your Drainage System?

Who is Responsible for Your Drains?

If you own a detached or semi-detached home, you likely have private drains that extend to the boundary of your property. These drains handle soil and surface water, and as the homeowner, you are usually responsible for their maintenance and repairs within this boundary. In the case of semi-detached and terraced homes, shared drains are often present. These drains transport waste from multiple properties into the public sewers and are owned by the wastewater company. Since October 2011, legislation has shifted the responsibility for maintaining and repairing shared drains to the local authority. This means that you won't have to pay for repairing drains shared with your neighbours, even if they fall within your property's boundary. If you own a flat or apartment, it's likely that you will pay a yearly fee to a management company which uses some of the funds to address any blocked, damaged or collapsed drains. If the issue lies outside the property boundary, the responsibility falls on the wastewater company.

Understanding Lateral Drains

Lateral drains connect private drains to the public sewers and often run beneath the pavement or road just outside your property. They can be within your boundary and serve multiple homes, making them shared drains. Regardless of whether they are shared or not, all lateral drains are the responsibility of the wastewater company.

Who Covers the Cost of Sewer Repairs?

Sewers typically run below public streets rather than private properties, which means most homeowners don't have to worry about sewer repairs or maintenance. However, private or "unadopted" sewers are an exception. If your drains connect to a private sewer within your property boundary, you are likely responsible for its repair and maintenance. In the case of a block of flats with a private sewer, all flat owners share the responsibility. You can request the sewerage company to "adopt" the sewer and take over its maintenance, but they may refuse if it's not in their best interest. If your request is denied, you can appeal to The Water Services Regulation Authority (OFWAT). Once you make a request to the water company, they will send an engineer to assess whether the sewer meets their standards in terms of design and construction quality. They may charge you for any necessary remedial work before they agree to adopt the sewer. It's crucial to note that if you neglect a private sewer and fail to take care of it, the local health department can compel you to cover the costs of maintenance and repairs. They might even perform the work themselves and charge you afterwards.

Is the Problem in Your Private Drains or the Public Sewer?

If multiple sinks, basins, and toilets in your property are blocked or draining slowly, it's likely an external blockage. Check with your neighbours to see if they are also experiencing the issue. If the problem is confined to your property, you'll need a drainage engineer to investigate potential blockages in your external pipework. If your neighbour is affected as well, contact the wastewater company immediately to prevent a potential flood. Note that your engineer is unlikely to investigate a problem that involves lifting a public manhole, as those are solely the responsibility of the wastewater company. Report any faults with publicly owned drains and sewer systems to your local wastewater company. They will send an engineer to identify the problem, determine its location and ascertain responsibility. If the issue is found in your drainage system, they will discuss it with you and may provide a fixed-price quote for the necessary repairs.

How Can You Find Out Who Owns the Drains You Use?

To determine the responsible party for your drains, you can check the deed to your property or contact your wastewater company or local authority to obtain a public sewer map. For a comprehensive understanding of the drains on your property, we highly recommend a drain mapping survey. This survey provides a detailed map of the drain network, along with the engineer's notes, video footage, and time-stamped images. It's an excellent way to gain extensive knowledge about the drains surrounding your property.

So, how does it work? An engineer inserts a camera attached to a flexible cable into the drains and collects information through a CCTV survey. This data is then used to create a report that outlines the condition of the drains, their connections to the sewers, and whether any sections are owned by the water company. The report also indicates if there are any maintenance requirements and helps identify issues like cracks or holes before they worsen. This proactive approach can help prevent tree root ingress, which occurs when water escapes into the surrounding soil.

Are Tenants Responsible for Drain Maintenance?

Thanks to the Landlord and Tenant Act 1985, tenants generally do not have to worry about repairing drains. It is the landlord's responsibility to resolve blocked or damaged drains, although tenancy agreements may specify tenant responsibilities under certain conditions, such as tenant misuse. In most cases, tenants who introduce fat, grease, sanitary products, or other foreign objects into the drainage system will be charged by the landlord for drain clearing. If tenants encounter blocked drains, they should promptly inform their landlords to ensure a swift resolution and minimize the risk of wastewater flooding.

Tip: If you experience a problem with your private drains, you may be able to make an insurance claim. While insurance providers typically don't cover misuse or wear-and-tear, they may reimburse you for remedial drain repairs in cases of accidental damage or tree root ingress. So, it's worth considering a claim if you maintain your drains and dispose of waste properly.

Could You Be Liable for Repairs to a Public Drain?

A leak on your property can result in subsidence or the formation of a sinkhole. If this damages a shared drainage system or public sewer, the wastewater company may file a claim against you. The same applies if a problem with your private drains affects publicly owned drains. It's always best to investigate any issues as soon as possible. The longer a problem goes unresolved, the greater the damage and the more costly the repairs become.

Conclusion

Understanding who is responsible for maintaining and repairing drains can be confusing. It's crucial to know your rights and obligations as a property owner or tenant. By familiarizing yourself with the relevant regulations and guidelines and seeking professional assistance, such as a drain mapping survey, you can ensure that your drainage system is well-maintained and prevent costly problems in the long run.

This blog was written by Stephen Moore - Proprietor - Stark Contractors | LinkedIn

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