ADVICE FOR TRADE AND CONSUMERS REFERENCE NUMBER 35.2 AUGUST 2011 Guide to Conservatory Installation and Sewers www.ggf.org.uk/publications
GGF guide to the members of the Conservatory Association with regards to Transfer of Private Sewers and Lateral Drains to Water and Sewage Companies Legislation There has recently been a major change in the ownership of private sewers and lateral drains in England and Wales. The reference of this Statutory InstrumentI is 2011 No. 1566 Water Industry, England and Wales The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The legislation affects England and Wales only. This legislation is designed to transfer responsibility for the maintenance and repair of some sewer pipes from homeowners to sewerage companies. The transfer of gravity sewers will take place on 1 st October 2011. Diagram showing the current responsibilities Diagram showing new responsibilities after 1 st October 2011 in relation to gravity sewers only GGF Guide to Conservatories and Sewers 2
Note: Under the new system, all sewers shown above, with the exception of those coloured green, are now the responsibility of the sewerage companies. Department of Communities and Local Government (DCLG) do not intend to amend requirement H4 of Approved Document H, Drainage and waste disposal. This requirement will continue to apply after 1 st October to all mapped sewers. However, it is recognised that the processes described in H4 may be excessive for many of the transferred sewers, which tend to be small diameter and shallow. Representatives of the sewerage undertakers and building control bodies are currently working on a Code of Practice to streamline the building-over process for these sewers. This work is not expected to be completed until April 2012. Consequently, the GGF has met with representatives of Water UK, DCLG, Department of Environment, Farming and Rural Affairs (DEFRA), Local Authority Building Control (LABC) and Association of Consultant Approved Inspectors (ACAI) to obtain guidance for the Conservatory Industry. The results of these discussions are as follows: 1. There is no obligation for buildings that are exempt from Building Regulations (described in Building Regulations 2010 Schedule 2), including conservatories less than 30m², to comply with Requirement H4 2. There is no legal provision for a building-over agreement/consent, other than a general duty of care owed to all statutory undertakers not to damage their plant or unduly restrict their access for general repairs, maintenance and emergency access. 3. If the principles of Building Regulation H4, with the exception of consulting the sewerage undertaker, are followed, the duty of care should be covered and any future liability avoided. The installation of additional, accessible rodding points would allow the accessibility requirement to be addressed. 4. With regards to a building which is exempt from Building Regulations, such as a conservatory, a Building Over Agreement/consent should only be applied for if the sewer is currently shown on a sewer map. The application should be made directly to the sewerage undertaker. 5. Properties constructed prior to 1937 will normally already have their sewers adopted. Therefore, it is advisable the conservatory installer investigates if the sewers are shown on a sewer map. 6. Sewer mapping will be carried out as opportunities arise (eg. responding to problems) and when applications are made for build over or near sewers; there are no plans for a comprehensive mapping programme, which would be prohibitively expensive but sewer maps will change over time as works are carried out on the sewers and applications for agreements/consents are received. In these cases the details of sewers down-stream (including other properties not involved in the works of the application) to the main sewer will be mapped to ensure all sewers are correctly connected GGF Guide to Conservatories and Sewers 3
to the main sewers. On this basis regular review of the sewer maps is recommended as sewer not shown today when a conservatory is surveyed may be on the map before works begin, this being the moment in time that is critical in terms of agreements/consent. 7. In practice, in the short term there will be little change after transfer on 1 October but the guidelines/requirements will change as the sewerage undertakers develop their policies in the coming months. 8. Although it is extremely unlikely that retrospective action would be taken in respect of a failure after 1 October 2011 of the duty of care not to damage or restrict access, it cannot be ruled out. 9. Where a conservatory is not exempt from building regulations (i.e. due to size, thermal separation, heating or built on other than ground floor), the authority dealing with the building regulation control will forward details of the proposal to sewerage undertakers if a sewer is to be built over or near for agreement/consent. 10. Where a build over agreement/consent is required, there will be an additional charge to the usual building regulation approval cost. This will be made by the sewerage undertaker and charges will vary from sewerage undertaker to sewerage undertaker. DEFRA are reverting to OFWAT to discuss the level of charging and transparency to ensure this does not become a method of generating additional profits for the sewerage undertakers. The GGF issues this guidance in good faith and is to its best knowledge correct at time of publication. The GGF takes no responsibility for reliance on any advice given in this document, for any omissions from the guide or for the consequences of users acting in accordance with the contents of this guide. Whilst every attempt is made to present up-to-date information and accurate guidance, any liability on the part of the GGF arising in connection with the contents of this guide is expressly disclaimed. GGF Guide to Conservatories and Sewers 4
To find out more about Conservatory Installation and Sewers or for more information on all aspects of Glass and Glazing, please contact: Glass and Glazing Federation 54 Ayres Street London SE1 1EU T: 020 7939 9100 E: info@ggf.org.uk www.ggf.org.uk Follow us on Twitter: @GGF_News 2012 GLASS AND GLAZING FEDERATION