Extension Build Over Agreement
Sometimes problems arise when owners try to sell their property, which is built in part or entirely through a public channel. Conservatories and extensions are the usual criminals. If a Build Over Agreement was not obtained when the work was done, then the water company has the legal right to enter the land to reach the canal, even if that means demolishing the building above the canal. However, if possible, the water company will avoid the damage and look for other ways to enter the sewers, but the risk remains. If a construction agreement has been reached, the water company has no right to remove or demolish the structure above the sewers. If you do not receive the necessary approval before construction, the water department can remove all structures that block access to the sewers and will not be responsible for the damage caused. It can also affect the future sale of your property, since your construction will likely be discovered via a public sewer if your buyer conducts a search during the transaction. Your lawyers will check the drainage report of the sewer plans and location to determine if part of your land appears to be 3 metres from a canal or runoff. Have you recently done an extension of your property or are considering doing so? Have you checked to see if you need to enter into a construction agreement with your local authority? Recently, many more people get caught because of a construction agreement or lack thereof when they make extensions of their property. 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. The insurance policy covers the cost of repairing property damage or construction for which the watermaster exercises the power of access to the sewers and causes property damage, or the cost of diversion of sewers. This option will be the quickest and cheapest option and will avoid notifying the sewer contractor to work, which they may not agree to. A remediation company may refuse to grant retroactive construction by agreement. If they refuse, it is unlikely that insurance will be available. Even if consent is given, the owner may be asked to make changes to the property that could result in significant costs. Insurance is the most common solution. 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.