No authorization is required in cases where private sewers were built prior to the transfer of ownership of a sewerage company. Under these conditions, safety is ensured for an owner whose property was built before the transfer of sewers from a private channel to a public channel, in conjunction with the legal undertaker`s obligations to repair the damage suffered. In accordance with Part H4 of Schedule 1 of the 2010 Construction Code, SI 2010/2214, the agreement of the wastewater distributor is required for construction by public sewers. These are both dirt and surface water sewers. If a public sewer works underground, the homeowner cannot build on or within three metres of the sewer line without the consent of the wastewater collector. This consent is the Build Over Agreement. Consent is required before work begins and may be refused. If you plan to build within 3 meters or via a public sewer, a construction agreement is required. Your local water department has a legal right of access to public sewers, so you cannot build these sewers without the consent of the authority. The local water authority must therefore authorize all construction work within 3 metres of a canal or sewer.

This is called the Build Over Agreement – what it allows you to build and organize through these sewers, to avoid sewer damage, because the extra weight of the new building could cause sewer collapse and structural damage to the property. There is another problem as to whether there should have been an agreement. In cases where public sewers were built without the consent required under the 2010 Construction Code, the usual penalties and enforcement measures apply. It will be difficult and time-consuming to determine whether the canal in question was originally a private sewer subject to the transfer of the private sewer regulation in 2011, and therefore it would never have been necessary to enter into a construction agreement, or whether the sewers in question were still public and whether a hold-up should have been carried out. A construction agreement allows the water company to ensure that the work to be carried out will not adversely affect the underlying sewers and ensures that the water company continues to have sufficient access to the canal for repair and maintenance. If you plan to build nearby or via a public sewer, you should contact the water company before carrying out the work to determine its needs. If the building permit is not available, the municipality is entitled to the examination and, if the work does not comply with the building rules, a notice is issued in accordance with section 36 of the Construction Act 1984 (BA 1984), which requires the owner of the house (who may not be the same person in charge of the construction) to rectify it or, if this was not possible, to return it to its former state.