Your Conveyancer’s Guide to the CON29DW Drainage and Water ...

Your Conveyancer’s Guide to the CON29DW Drainage and Water Enquiry

Third Edition

Industry terminologyPoints to noteWhy is this important?

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Introduction ....................................................................................................................... 3

CON29DW overview ........................................................................................................ 4

Section 1 – Maps ............................................................................................................... 6

Section 2 – Drainage .................................................................................................... 14

Section 3 – Water ........................................................................................................... 28

Section 4 – Charging .................................................................................................... 32

Industry terminology ................................................................................................... 35

What is the difference between a sewer, drain and lateral drain? ............... 36

What is the difference between a supply pipe, service pipe and communication pipe? ...................................... 37

Disclaimer: This guide is provided for information only, it is not legal advice or technical advice, and is not a substitute for independent professional advice as may be relevant to your (or your clients’) particular circumstances.

Wessex Searches is a trading name for Wessex Water Enterprises Limited.

While Wessex Searches has made every reasonable effort to ensure the accuracy of all the information provided within this guide , you should exercise your own independent skill and judgement before you rely on it.

Wessex Searches makes no representations or warranties whatsoever whether express or implied as to the accuracy, correctness, currency, completeness or fitness or suitability for any purpose of such information and therefore disclaims to the maximum extent permitted by law any and all liability for direct, indirect, incidental, special, consequential, or any other losses or damages whatsoever, which may arise from use in any manner of any information provided through use of this guide.

Copyright:The questions in the CON29DW are the copyright of the Law Society.

This Conveyancer’s Guide is the work of Wessex Searches and is protected by copyright. It must not be reproduced in whole or in part in any manner, including in print, online or by other electronic means without Wessex Searches’ prior written consent.

Contents

Highlighted words are explained in Industry terminology on page 35

3

The benefits of the CON29DW Drainage and Water Enquiry We know that the results of their drainage and water search is unlikely to be at the forefront of your client’s mind when they instruct you to carry out the conveyancing on their dream home.

Nevertheless the Law Society’s CON29DW Drainage and Water Enquiry is an essential part of the residential conveyancing process.

It plays a critical role in helping you to ensure that you identify any drainage and water matters that may impact on your client’s costs or future liabilities. It also helps you identify any drainage and water constraints that could restrict or impact your client’s freedom to extend or alter their property.

The results of a CON29DW could elicit potentially deal-breaking information.

In our work with property professionals, we have been repeatedly told of a desire to be better equipped in the understanding and interpretation of the CON29DW.

You want to understand how and why the questions and answers in the CON29DW Enquiry are important to you and your clients.

That’s why we’ve created this Conveyancer’s Guide to the CON29DW.

This guide will:

• Help you understand and interpret the CON29DW Drainage and Water Enquiry questions• Illustrate where helpful the context and reasoning behind the questions• Explain the implications of answers you may receive• Provide examples of important details to look out for• Highlight certain risk areas• Provide a guide to commonly used water and sewerage industry terminology.

In our opinion, the CON29DW is the most comprehensive and reliable way for conveyancing professionals to protect homebuyers from a range of drainage and water risks which could impact on the value, title and future maintenance costs of a property. It offers a clear trail of responsibility back to the water company and gives you and your client peace of mind.

The key to getting the best out of the CON29DW Enquiry is your understanding and interpretation of the search results you receive.

We hope you find this Conveyancer’s Guide helpful.

The Wessex Searches Team

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The CON29DW comprises a total of 25 questions in four sections: Maps, Drainage, Water and Charging.

To answer these 25 questions, the official producers1 of the CON29DW search the following records:

• The public sewer maps• The maps of public water mains• Water and sewerage company billing records• The register of properties at risk of internal flooding from sewers• The register of properties subject to poor water pressure• The records of build-over consents• The records of sewer adoption agreements

Responses are all specific to the property being searched and will always include, as a minimum:

• Details of the address that has been searched.• A summary sheet with simplified responses.• Questions and full responses to 25 questions associated with the water and sewerage network on

and adjacent to the property that has been searched.• A copy of the statutory water and sewerage record at and around the property.• Definition of terms and expressions used in the Enquiry.• A copy of the CON29DW Enquiry terms and conditions.• Customer complaints procedure.• Contact details of the search producer.

1 The official producer of the CON29DW for a particular property address can be located using the postcode look up tool on the CON29DW website www.con29dw.co.uk. The Drainage and Water Searches Network (DWSN) is the membership organisation for companies or group companies who are responsible for compiling full and complete responses to the Law Society’s CON29DW Drainage and Water Enquiry. You can save yourself the time and hassle of locating the official producer of the CON29DW for each of your property transactions by ordering direct from us at www.wessexsearches.co.uk. Other organisations may also be able to help you.

CON29DW overview

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In the following pages, we explain each of the 25 questions, why the questions are important, the legislative context for many of the questions and the implications of the answers for you and your clients.

Understanding the results of a CON29DW search

6

Section 1 – Maps

7

Section 1. MapsQuestion 1.1 – where relevant, please include a copy of an

extract from the public sewer map

Points to note Why is it important? Further reference

Why is this important?

The public sewer map indicates the location of public sewers relative to the property being searched and provides a map that can be referenced when addressing the questions in Section 2 (Drainage).

What the ‘public sewer map’ will show

The boundary of the property on which the search has been conductedYou should make sure the property boundary is marked correctly to ensure accurate results.

The location of public sewers relative to the property being searchedIn most cases there will be public sewers close to the property. In rural locations the nearest public sewer may be some distance away.

Public pumping stations and rising mainsSewers normally drain under gravity but in some cases pumping stations are required to pump sewage or surface water uphill. Public pumping stations owned by the water company will be shown on the map. The pressurised pipe conveying sewage or surface water from a pumping station is known as a rising main.

Public sewersSewers and lateral drains which the water company owns, operates, maintains and repairs. The map will not usually show ‘private’ sewers (see below).

Rivers, watercourses, ponds, culverts, highway drainsWhere known these will be shown for information purposes only. They are not normally the responsibility of the water company to maintain unless they have been adopted by them.

The diameter and material of the pipeworkA number – typically 150, 225 or 300 (millimetres) denoting the diameter of the pipe - may be shown next to the sewer position on the sewer map. Almost all pipes are made from vitrified clay – denoted by ‘vc’ on the map, or concrete – denoted by ‘c’. This information is particularly useful if there are plans to further develop the property. If development proposals cannot be amended then the viability of building over a public sewer will depend, amongst other things, on its size. See Question 2.4. for further information on this.

What the ‘public sewer map’ will NOT normally show

Private drains, pumping stations and sewersWater companies do not normally hold details of private drains, pumping stations and sewers as these remain the responsibility of the property owner to maintain. Private drains and sewers may pass through land outside of the control of the seller and so you may wish to investigate whether separate rights or easements have been secured for their inspection, repair or renewal.

Inspecting the sewer map will give you an idea of the likely length and route of any private drains and/or sewers connecting the property to the public sewerage system.

If in doubt you may wish to ask the property owner or seek specialist advice.

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Figure 1: sewer plan mapIllustration of typical map and points of interest

Figure 1 shows a typical sewer plan map with examples of potential scenarios which could be of interest to your client.

Sewer beneath permanent structure:Sewer passes under household extension may have been subject to a build-over agreement.

Rising main and fittings:Key pressurised asset to which access may be required. Access to the fittings along it will be routinely required for maintenance and operational purposes.

Non-return valve:The presence of a non-return valve indicates a risk of back-flow has been previously identified. You may wish to establish if the property is on the “at risk” register for sewer flooding.

Private pumping station:Depending on the topography, a small number of properties have pumping stations within their curtilage.

Strategic Sewer:Some water company maps show the presence of Strategic Sewers. These can have implications for your client. See page 20.

Public manhole in driveway:A public manhole is located within the curtilage of the property. Access may be required and should be considered if concealing by method not easily removeable (e.g. paving or bricked driveway).

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Who owns the drainage system serving your client’s property?The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 also known as the private sewer transfer regulations has a significant bearing on the understanding and interpretation of the drainage questions in the CON29DW Drainage and Water Enquiry.

Under this statutory instrument ownership of private sewers and lateral drains changed, in 2011, as follows:

All private sewers and lateral drains serving properties connected to the public sewerage system on 1 July 2011, were adopted by their relevant water company on 1 October 2011 whether they were subject to a formal Section 104 Adoption Agreement or not; with the exception of: - Foul sewers that discharge to a privately owned sewage treatment or collection facility. - Surface water sewers that discharge directly to the environment e.g a watercourse.

Initially, the transfer excluded any pumping station and any pipes under pressure from that connecting pumping station, these subsequently transferred automatically to the water company on 1 October 2016 subject to certain qualifying criteria.

Key dates:

1 July 2011 Date on which Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, was passed into law, changing the status of many sewers and lateral drains from ‘private’ to ‘public’ ownership.

If a property is constructed after 1 July 2011 the sewer serving the property would need to be constructed under a Section 104 Adoption Agreement for it to be adopted by the water company.

1 October 2011 Date on which private sewers (which includes lateral drains), which were connected to the public sewerage system at 1 July 2011, were adopted by their relevant water company under the Water Industry Regulations 2011.

1 October 2016 Date on which any pumping station connected to the public sewerage network constructed before 1 July 2011 serving two or more properties that are not part of a single managed site - automatically transferred to the water company along with the associated pressurised pipes from that pumping station.

Following the Private Sewer Transfer Regulations 2011 water companies have been plotting and registering sewers and lateral drains in or close to private properties in order to complete a comprehensive Regulatory Register.

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Points to note

Potential risk areas

Some public sewers and lateral drains (which were previously privately owned) may lie within your client’s property boundary and may not be shown on the public sewer map as they are being plotted on water company plans over time.

All sewers and lateral drains constructed after 1 July 2011 will only be adopted if constructed under a Section 104 Adoption Agreement. They will otherwise remain private and the responsibility of the property owner to maintain.


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Question 1.2 – where relevant, please include a copy of an

extract from the map of waterworks


The map of waterworks provides the location of water mains relative to the property being searched and a map that can be referenced when answering Section 3 (Water).

As both distribution mains and raw water mains carry water under pressure, there are restrictions on working or building over or near to them. See Question 3.2 for further guidance.

What the ‘map of waterworks’ will show

The boundary of the property itselfYou should make sure the property boundary is marked correctly to ensure accurate results.

The location of public water mainsPublic water mains are the responsibility of the water company to maintain and will be shown on the map of waterworks.

The location of private water mainsWhere the water company holds records of private water mains these will be shown for information purposes only. Private water mains are the responsibility of the owners of properties they serve, not the water company.

Figure 2 shows a map of waterworks and highlights potential scenarios, which could be of interest to your client.

What the ‘map of waterworks’ will NOT normally show

Supply pipes Water companies are not responsible for supply pipes and do not hold details of these. Supply pipes are typically the responsibility of the property owner.

Supply pipes may pass through land outside of the control of the property owner and in some circumstances supply pipes may be shared with adjacent properties.

Inspecting the map of waterworks may give an idea of the likely length and route of the supply pipe connecting the property to the public water network.

You may wish to investigate this further and whether separate rights or easements are needed for the inspection, repair or renewal of the supply pipes.

If in doubt you may wish to ask the property owner or seek specialist advice.

Further informationSee Questions 3.1 and 3.4 for further guidance on the implications for the property owner of supply pipe ownership.

See Question 3.2 for further guidance for restrictions on working or building over or near to distribution mains and raw water mains.


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Figure 2: map of waterworksIllustration of typical map and points of interest

No obvious route of supply:Where there is no obvious route for water to reach a property it is advisable to seek confirmation of the point of supply and the associated route which may cross other properties.

Water main in close proximity to property:Despite an adjacent property having built an extension, development here is restricted by the proximity of the water main.

Raw water main in garden:The presence of a raw water main within the property’s curtilage can restrict future development options. Raw water mains can occur in areas where there is no domestic water supply.

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“We get the most queries on the next section.”

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Section 2 – Drainage

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Question 2.1 – does foul water from the property drain to a

public sewer?



In some water company areas, over ten percent of properties are not connected to the public sewers for foul water drainage. This is more common in rural areas where sometimes none of the properties may be connected to the sewer. However, there are occasional and sometimes unexpected instances in urban areas too.

The answer to this question confirms whether the property is connected to the public sewer for foul water drainage or not.

You cannot assume that just because the sewer map shows a public sewer close to a property it is connected to it for foul water drainage.


Points to note

In the event that foul water from the property does not drain to the sewer you may wish to:

• Check whether the property is served by private facilities in the form of a cesspit, septic tank or other type of treatment plant.

• Check the ownership, condition, and maintenance or emptying regime of the private facilities.• Check whether the private facilities have or require a permit and what obligations or conditions

they place on the property owner.• Seek specialist guidance if in doubt or require further information.

Potential risk areaPoorly maintained cesspits, septic tanks or treatment plants could fail and cause pollution which your client could be liable for.

In the event that your client’s private drainage causes an environmental nuisance your client could be obliged by their local authority to procure a connection to the public sewer at their own cost if one lies within 30.48 metres (100 feet) of the property.

Further informationSee Question 1.1 which requests a copy of the public sewer map.See Question 2.5 which enquires about the proximity of a public sewer to your client’s property.

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Question 2.2 – does surface water from the property drain

to a public sewer?



The way in which surface water from a property is managed is important because surface water drainage presents potential risks, obligations and liabilities for your client.

Your client could:• Be at risk of surface water flooding if adequate surface water drainage arrangements are not in

place.• Be liable for the repair and maintenance of private surface water drains, sewers and facilities.• Have an obligation to pay for surface water charges to a water company or other third party.

The answer to this question confirms whether the property is connected to the public sewer for surface water drainage or not.

It should not be assumed that just because the property is connected for foul drainage or there is a public sewer shown close to the property on the sewer map that it is also connected for surface water drainage.

It is feasible that a property is connected for foul water but not for surface water. The reverse is uncommon.


Points to note

Private surface water drainage arrangementsIf surface water doesn’t drain to the public sewerage system, the property may have private facilities in the form of a soakaway, private connection to a watercourse, or Sustainable Drainage System (SuDS).

If this is the case you may wish to establish the condition, ownership and maintenance arrangements for these facilities and or seek specialist advice.

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Sustainable Drainage Systems (SuDS)

SuDS are designed to improve drainage and avoid flood risk in rural and urban developments by mimicking natural drainage systems. They do this by slowing the rate of surface water run-off and improving infiltration.

In the past, new developments have caused increased risk of flash flooding after sudden rain.

As areas of vegetation are replaced by concrete, tarmac, or roofed structures the area loses its natural ability to absorb rainwater. The result is that rainwater is directed into surface water drainage systems often overloading it and causing floods.

Following the Pitt Review into the cause of widespread national flooding in 2007, it was concluded that SuDS would be the most effective way to prevent flooding from new development in the future.

SuDS have typically been used in new developments, where planning constraints due to potential flooding means traditional forms of surface water run-off to sewer cannot be accommodated.

Since 6 April 2015, Sustainable Drainage System (SuDS) have been the expected method of surface water drainage for developments of ten properties or more unless it is deemed inappropriate.

With the increasing proliferation of SuDS your client would want to know if they have any liabilities or obligations to pay charges for any SuDS systems serving their property.

Further information Further information on the responsibility for the maintenance of any SuDS serving the property may be available from the local authority or from the developer of your client’s property.

SuDS scheme for a development in Bristol.

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Question 2.3 – is a surface water drainage charge payable?



Payment of surface water drainage charges, which form part of the annual water and sewerage charge to the water company, would normally only apply if the response to Question 2.2 is ‘yes – surface water from the property does drain to a public sewer’.

If surface water does not drain at all to the public sewerage system, the property owner would not be liable to the water company for surface water drainage charges.

Water company records do not always distinguish between foul and surface water connections to the public sewerage system. If, on inspection, you or your client finds that the property isn’t connected at all for surface water drainage, your client may be eligible for a surface water charge rebate.


Points to note

If the property is connected for surface water via a SuDS, your client may be liable for charges for surface water to a water company or a third party such as a local authority or a management company.

Where SuDS overflow or discharge to a public sewer, the property is deemed to be connected and surface water charges may apply.

Occasionally SuDS will have been adopted by the water company. In these situations surface water drainage charges may apply.

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Question 2.4 – does the public sewer map indicate any

public sewer, disposal main or lateral drain within the

boundaries of the property?



The response to this question reveals whether there are any water company pipes (recorded on the public sewer map) within the boundary of the property.

This is important for the following reasons:

Statutory right of accessThe responsibility for maintaining a public sewer disposal main or lateral drain rests with the water company and as such they have a statutory right of access to private land to maintain, repair and upgrade their assets and may need to enter the property from time to time to carry out these works.

Limitations on developmentIt is important that this information is communicated to your client, as the presence of these assets may limit their scope to develop or extend their property.

Access to manholes and risk of sewer floodingManholes are also an important feature of the public sewer network as they allow access to the sewer to carry out cleaning and blockage clearance activity. Failure to keep manhole covers fully visible and accessible may result in the property suffering sewer flooding should the sewer ever become blocked.


Points to note

The public sewer map may not show all water company assets

Not all public sewers and lateral drains, particularly those within private land, will be shown on the public sewer map, as these are being plotted on water company plans over time. For those that are, their illustrated position will be approximate only.

Whether water company assets are shown on the public sewer map or not, it is important to undertake a full survey of the site to determine the actual drainage arrangements before commencing any development as they may still prevent or restrict development of the property.

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Strategic sewers

The presence of a strategic sewer within a property boundary could have potential implications for any plans a current or prospective property owner may have for developing, rebuilding or redeveloping their site.

This section explains what Strategic Sewers are and why they are important to your client.

What are Strategic Sewers?Strategic sewers are public sewers of critical importance to the water company. They primarily relate to large diameter sewers, which serve large numbers of people and cannot be easily repaired or moved.

From 1 October 2017 all Official drainage and water search reports carried out for properties in the Wessex Water region now draw attention to the presence of any Strategic Sewers located within the boundary of the property search. This is now highlighted in the maps and in the response to Question 2.4 of the CON29DW.

Strategic Sewers are more commonly (but not exclusively) found in urban areas and can include pipes carrying foul water, surface water or a combination of the two. There are approximately 1300 km of strategic sewers within the Wessex Water area.

Why are Strategic Sewers important to you and your client?The critical nature of Strategic Sewers mean that permission would not normally be granted by the water company for any construction work to be carried out above a Strategic Sewer or within 6 metres either side of it.

This could prevent or constrain potential future uses of your client’s site.

What should you do if a Strategic Sewer is located within your client’s property boundary?It is important that you make your client aware of the presence of any Strategic Sewers that run across their property, as they may incur extra costs if they wish to develop the site or they may find that development may not be possible.

It is also recommended that you advise your client to consult with Wessex Water’s Developer Services department to discuss any current or future plans your client may have for developing, redeveloping or rebuilding any property on their site.

Is it possible to build over or build near a Strategic Sewer?In certain rebuild or redevelopment cases permission may be granted to build over or build near a Strategic Sewer subject to a number of case specific engineering, technical, financial, insurance and legal criteria being fulfilled.

Specific details are available from Wessex Water’s Developer Services department.

Northern foul water interceptor. Foul Sewer serving a third of the population of Bristol

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Question 2.4.1 – does the public sewer map indicate any

public pumping station or any other ancillary apparatus

within the boundaries of the property?



The response to this question gives details of water company assets within the boundary of the property such as pumping stations, air valves, vents or pressurised pipes.

The impact of the private sewer transfer regulations is that there are now a number of pumping stations owned by water companies, located within the boundaries of private properties.

Water companies retain the right of access to public pumping stations and ancillary apparatus on private land to carry out routine operations, maintenance and emergency works.

This could be a source of irritation or nuisance to the property owner.


Points to note

Most pumping stations on the sewer network are located in public highways or on land owned by the water company and do not, therefore, impact on private property owners.

There are many privately owned pumping stations which did not transfer as part of the private sewer transfer regulations because they serve a single property. These may or may not be shown on the Sewer plan.

Where the pressurised pipes which connect the private pumping station to the public sewer leave the property curtilage they become the responsibility of the water company.

Maintenance of these pressurised pipes will require liaison between the water company and the owner of the private pumping station.

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Question 2.5 – does the public sewer map indicate

any public sewer within 30.48 metres (100 feet) of any

buildings within the property?



Where the response to Question 2.1 indicates that foul water from the property is not connected to the public sewer, there is a risk that the local authority could require that the property be connected to the public sewer at the property owner’s costs if:

• The property owner’s private sewage treatment arrangements (such as a cesspit, septic tank or private sewage treatment works) cause a pollution or a nuisance and

• A public sewer is shown to exist within 30.48 metres (100 feet) of the property.

For properties that are connected to the public sewer a negative response to this question may indicate that the property is served by a very long private drain. If this is the case it would be prudent to investigate how the property is connected to the sewer, the condition of the assets and the existence or otherwise of any rights or easements to access and maintain the drain.

Question 2.5.1 – does the public sewer map indicate any

public pumping station or any other ancillary apparatus

within 50 metres of any buildings within the property?



Pumping stations and other ancillary apparatus will be subject to routine maintenance and emergency works.

This could be a source of inconvenience or nuisance to nearby property owners.

Further informationSee Question 1.1 for details of the sewer plans. See Question 2.1 for details of the sewer connection.

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Question 2.6 – are any sewers or lateral drains serving or

which are proposed to serve the property the subject of an

existing adoption agreement or an application for such an

agreement?



This response is important because a positive response will mean that the pipes serving the property will become the water company’s assets on completion of the conditions of the agreement.

This is of interest to purchasers of new properties who will want to know whether or not their property will be connected to a public sewer, and whether they will be liable for maintenance and renewal of privately owned assets.

The foul network may be constructed under a Section 104 Agreement but the surface water system may not be.

This is likely to be of increasing occurrence with the increasing prevalence of SuDS (Sustainable Drainage System) for new developments.

See Question 2.2


Points to note

For new, small-scale developmentsOn smaller developments where no Section 104 Agreement is in place, buyers should consult with the developer to ascertain the extent of drains and private sewers for which the buyer will hold maintenance and renewal liabilities.

For recent and ongoing developmentsWhere the property is part of a very recent or ongoing development and the sewers are not the subject of an adoption agreement, buyers should consult with the developer to ascertain the extent of drains and private sewers for which they will hold maintenance and renewal liabilities.

For properties built after 1 July 2011Care should also be taken when purchasing a property constructed after July 2011 as only sewers constructed to adoptable standards and subject to an adoption agreement will ultimately be adopted by the water company. Where there is no agreement or the sewers have not been built to the appropriate standards, maintenance of the private sewers and drains will remain the responsibility of the properties connected upstream of them.

What is a Section 104 Agreement?

For new property developments, the developer is normally responsible for constructing the sewers.

For developments of ten properties or more developers typically enter into an agreement with the water company to adopt the sewers subject to the sewers being designed and constructed to a national standard.

On completion of a satisfactory final inspection and a 12-month maintenance period the sewers are adopted as public sewers by the water company.

This process is covered under Section 104 of the Water Industry Act 1991 and is commonly known as a Section 104 Agreement.

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Question 2.7 – has a sewerage undertaker approved or

been consulted about any plans to erect a building or

extension on the property over or in the vicinity of a public

sewer, disposal main or drain?



Sewerage undertakers (for consistency and ease of reference referred to as ‘water companies’ in this guide) have rights of access onto private land to maintain and carry out emergency work on public pipes.

Buildings or property extensions built close to or over public sewers may impact on the water company’s ability to carry out future maintenance works. For this reason it is important to confirm that the required approvals and consents were obtained at the time of development.

Extension built over a public sewer without a build-over agreement. Significant cost of remediation at the property owner’s expense for damaged sewer.

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Points to note

Water company policiesEach water company has its own policy for building over or close to a public sewer and these can be checked by visiting the relevant water company’s website.

Usually, the preference is for development proposals to be amended to avoid a public sewer. Where this is not desirable for the property owner, permission to build over or near the sewer may be possible as long as specified criteria are met. In some cases a sewer may be diverted at the property owner’s cost rather than being built over or near.

Build-over AgreementsIn some situations the water company will require a Build-over Agreement. This is a legal document which is put in place to achieve the following:

1) Ensure that appropriate steps are taken to protect the sewer during construction. 2) Ensure the sewer can be accessed for maintenance or repair. 3) Provide protection and assurance to the property owner in the event that access to the sewer is

required by the water company.

Building RegulationsSome water companies use approval through the building regulations and the local authority building control as a mechanism for controlling permission to build over or build near a public sewer.

What happens if the position is not clear?There are a number of potential scenarios in which the requirement for a Build-over Agreement may not be clear-cut:

• The water company may not be aware of some agreements or consents to build over the sewer which have been historically granted by the local authority.

• Whilst an ‘agreement’ with the water company may not exist, current Building Regulation guidance (Part H4 of the Building Regulations 2010) permits building over/near sewers in certain circumstances.

• Consent without an agreement may have been issued by the water company or independently by the building control body.

• The build over or build near may have occurred whilst the sewer was privately owned, before the sewers were adopted by the water company, in which case a Build-over Agreement would not have been required.

In situations where the situation is unclear you may wish to:1. Consult with the water company as this could provide simple low cost or no cost clarification as to

whether a Build-over Agreement exists or was needed.2. Enquire if a retrospective Build-over Agreement is possible or desirable.3. Consider if any outstanding concerns you have are best addressed through commercially available

insurance products. Specialist advice should always be sought before taking out any insurance products.

Circumstances in which permission to build-over a public sewer is not normally permitted.• The sewer is a pressurised pumping main – see also Question 2.4.1• A public manhole would be inside a building.• Strategic sewers or those that may require future upgrading are affected.• Entirely new dwellings/buildings are being constructed.

Sewers crossing land where new properties are proposed to be built will normally need to be diverted at the buyer’s expense in accordance with the water company’s policy.

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Question 2.8 – is the building which is or forms part of

the property at risk of internal flooding due to overloaded

public sewers?



A small number of properties are at risk of internal flooding from water company sewers during very heavy rainfall.

The answer to this question confirms whether the water company has a record of the property having been affected by sewer flooding due to hydraulically overloaded public sewers.


Points to note

The following explanation is helpful in understanding this risk.

Internal floodingInternal flooding from public sewers is defined as: ‘flooding which enters a building or passes below a suspended floor’. In this context a building means those normally occupied and used for residential, public, commercial, business or industrial purposes.

Overloaded sewerA sewer is ‘overloaded’ when the flow from a storm is unable to pass through it due to a permanent problem such as an insufficient size of pipe.

Register of ‘at risk’ propertiesThe water company is required to provide a list of ‘at risk’ properties for the Regulatory Register that is reported annually to Ofwat.

‘At risk’ is defined as: ‘properties that have suffered or are likely to suffer internal flooding from public foul, combined or surface water sewers due to overloading of the sewerage system more frequently than once or twice in ten years’.

In instances where a property is recorded as being ‘at risk’ during statistically occurring rainfall events the water company will provide additional information on planned remedial measures to remove the property from the register.

Non-registered propertiesProperties may be at risk of flooding but not included on the Regulatory Register where flooding incidents have not been reported to the water company. In some situations sellers of properties are reluctant to report flooding due to the impact of increased insurance premiums.

It is also possible that a property may be at risk of internal flooding due to an overloaded public sewer which the water company is not aware of. This may be due to that sewer having been effectively transferred from private ownership to public ownership under the Water Industry (Schemes for Adoption of private sewers ) Regulations 2011, but not yet recorded on the ‘at risk’ register.

Other flood risksIt should be noted that flooding can occur from private sewers and drains which are not the responsibility of the water company and are not included in this response. Flooding can also occur from other sources such as rivers, the sea or groundwater which is also not reported here.

Other specialist reports are available which can provide this information.

Exclusions Flooding as a result of temporary problems such as blockage, siltation, collapses, and equipment or operational failures are excluded.

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Question 2.9 – Please state the distance from the

property to the nearest boundary of the nearest sewage

treatment works.



Increasing population growth and the pressure for more housing means that an increasing number of properties are located or are seeking to be built in close proximity to sewage treatment works.

At the same time the sewage treatment works may be expanding to cater for the increased demand.

While water companies in England and Wales typically build and operate their facilities to high environmental standards, properties located close to a sewage treatment works may experience an increased risk of potential nuisance in the form of odours, flies or above normal traffic from tankers and other heavy vehicles.

The response to this question gives details of the nearest publically owned sewage treatment works to the property.


Points to note

Many treatment works are heavily screened by hedges and trees and so their location may not always be obvious.

Dependent on its distance from the property, the sewage treatment works may not be shown on the accompanying sewer map.

The closest sewage treatment works may not be the same one the property is served by.

Further site investigations may be beneficial when a property is close to a sewage treatment works and downwind of the prevailing wind.

28

Section 3 – Water

29

Question 3.1 – is the property connected to mains water

supply?



It should not be assumed that just because there is a water distribution main shown close to the property on the map of waterworks that the property is connected to the mains water supply.


Points to note

If this question returns a ‘not connected’ response and the seller challenges this, it could be because the property has an illegal water connection, or it is fed by a private supply.

In this situation, you or your client should discuss it further with the water company.

An illegal water connection is most likely to occur in newly renovated flats, a property split into two or more properties, or new builds within current property boundaries.

If the property is fed by a private supply or well you should seek specialist advice to ensure the water is safe to drink.

Question 3.2 – are there any water mains, resource mains

or discharge pipes within the boundaries of the property?



It is important to confirm whether or not the water company owns any assets (such as water mains, resource mains or discharge pipes) within the boundaries of a private property for the following reasons.

Building plansIf the buyer wants to carry out development or extension works to the property they will not be given permission to build-over a water main. There is a minimum ‘stand-off’ distance from a water main of three metres. For larger, deeper or critical water mains, this easement may increase.

The water company may, in some circumstances, agree to divert the water main if the planned property development requires it. However, this will, in all likelihood, be at the property owner’s, not the water company’s, expense.

Access rightsWater companies have a statutory right of access – even to private land – to maintain, repair and upgrade any of their assets, subject to notice. The presence of a water main within the boundary may result in employees of the water company or its contractors needing to enter the property to carry out routine maintenance or emergency work on the pipe or any ancillaries.


Points to note

Water company assets such as water mains are typically located in the public highway. However, in certain circumstances, particularly in older and rural properties, they may also be present within the boundary of a property.

Where a water main is identified as being within the boundary of a property, particular care should be taken. The map of waterworks (see Question 1.2) will show the boundary of the property, but it is advisable for you to double-check this. An incorrect boundary is likely to return inaccurate results in the Enquiry.

30

Question 3.3 – is any water main or service pipe serving or

which is proposed to serve the property the subject of an

existing adoption agreement or an application for such an

agreement?



It is important for purchasers of new homes to know who owns the water main and service pipe. If this remains under the ownership of the property owner, your client will have responsibility for this.

Unlike sewers it is not common for water mains on new development sites to be constructed subject to an Adoption Agreement.

Most water mains are constructed on behalf of the developer by either the water company or by self-lay operators and will become the responsibility of the water company on completion.

Question 3.4 – is the property at risk of receiving low water

pressure or flow?



A small number of properties are at risk of receiving low water pressure.

This can cause frustration to property owners and may pose restrictions on certain types of boilers, showers and other amenities which may require costly improvements to internal plumbing to ensure they have sufficient water pressure to work.


Points to note

Register of propertiesWater companies maintain registers of properties at risk of receiving low water pressure or flow.

Causes of low water pressure: Low water pressure is usually caused by topography or when the property is at the extremes of the network. Properties will not be on the register if low pressure is caused by one-off incidents such as mains bursts or firefighting or incidents of a short duration.

While water companies keep a register of properties at risk of receiving low water pressure or flow, a property could be at risk without being on the register. This could be due to an old private supply pipe, internal plumbing or as is commonly the case shared services. These deficiencies are not the responsibility of the water company to resolve.

Reference level for water flow/pressure: The reference level of service is a simultaneous measurement of a flow of 9 litres/minute at a pressure of 10 metres head on the customer’s side of the water company main stop tap. The reference level applies to a single property.

Further informationSee question 1.2 for the map of waterworks, which should identify whether there are any assets of the water company such as water mains, resource mains or discharge pipes within the boundaries of the property.

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Question 3.5 – what is the classification of the water supply

for the property?



The response to this question gives an indication of water ‘hardness’.

The water supply will be classified in the form of a table comparing the various indices used to measure water hardness.

Although not hazardous to health, hard water can cause build-up of limescale around taps and within domestic appliances. The information included in the response will be useful in determining the need for the installation of artificial softeners.

Some people moving from one part of the country to another are particularly sensitive to the change in water hardness.


Points to note

‘Hardness’ is a measure of the concentration of calcium and magnesium salts in the water. Hardness reacts chemically with soap. The higher the hardness, the more soap is required to form a lather.

While water hardness can be expressed in various indices, there are no UK or European standards set for the hardness of drinking water. For example, hardness settings for dishwashers are commonly expressed in ‘Clark degrees’, but you should check with manufacturers as there are also other units.

Question 3.6 – Please include details of the location of any

water meter serving the property.



The location of water meters is not always straightforward. It is important to know the location of the water meter, so that the buyer can check the reading.

It is recommended that water meters are read regularly in order to keep an eye on water use and identify if there is a leak which could affect the size of the water bill.


Points to note

Water meters are generally located outside the property, adjacent to or on top of the external stop tap or inside the property close to the internal stop tap which is usually under the sink. Sometimes they are in different locations depending on supply pipe layout or ownership.

If the property is a flat or apartment the water meter and stop tap might be in a cabinet inside the building or in an underground chamber outside. The meter should be marked with the flat number.

Some water companies have automated meter reading. This is particularly useful if the meter is installed within the property and means that meter readings can be taken without needing access to the property.

32

Section 4 – Charging

33

Question 4.1.1 – who is responsible for providing the

sewerage services for the property?



This question provides details of the water company responsible for supplying sewerage services to the property.

Sewerage catchment and water catchment boundaries do not necessarily coincide. Therefore, sewerage services and water services can be supplied by different companies.

Question 4.1.2 – who is responsible for providing the water

services for the property?



This question provides details of the water company responsible for supplying water services to the property.

Sewerage catchment and water catchment boundaries do not necessarily coincide. Therefore, sewerage services and water services can be supplied by different companies.

There are also a number of smaller, water only companies who provide water services only to smaller geographic regions. For example most properties in Bristol are served by Bristol Water for their water supply and Wessex Water for their sewerage services.

Question 4.2 – who bills the property for sewerage services?



To provide details of the company responsible for billing the property for sewerage services.

This will enable the new occupier of the property to inform the company responsible of the change of ownership.

Question 4.3 – who bills the property for water services?



To provide details of the company responsible for billing the property for water services.

This will enable the new occupier of the property to inform the company of the change of ownership.

This company may not be the same as the details given in the response to question 4.1.2 as some water and sewerage companies bill on behalf of the water only company and vice versa.

34

Question 4.4 – what is the current basis for charging for

sewerage and water services at the property?



This response provides confirmation as to whether a property is ‘unmeasured’ or ‘metered’. This will enable the new occupier of the property to understand how charges will be made, and whether there is a potential benefit in changing to metered services.

Water and sewerage companies’ charge schemes are available free of charge on their website.

They typically charge in one of two ways.

• ‘Unmeasured charge’ for sewerage and water services based on the historic rateable value of the property. The rateable value was a local authority’s assessment of the annual rental value of an individual property.

• ‘Metered charge’ based on a water meter that measures actual volumes of water used.

Question 4.5 – will the basis for charging for sewerage and

water services at the property change as a consequence of

a change of occupation?



Several water companies have a policy of installing a water meter when a property changes ownership or occupier.

The answer to this question should explain the water company’s policy on this matter.

35

Industry terminologyThe following terms have specific meanings within the water industry generally, and in relation to the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. These terms will recur throughout your completed CON29DW Enquiry.

Cesspit A sealed underground holding tank for domestic sewage which requires routine emptying.

Combined sewer ‘Combined sewers’ carry both foul and surface water.

Communication pipe The communication pipe runs from the water company distribution mains to the water company stop cock serving the property.

Disposal main A pipe carrying treated effluent away from a treatment plant.

Distribution mains ‘Distribution mains’ supply drinking water around the network. They are typically located in public highways. In some cases they may run through private land. There are two types of distribution mains. Those that supply customers directly and ‘trunk’ mains which are often larger and are used to move bulk water around the strategic network. Trunk mains are not usually used to supply customers directly. Water companies are not obliged to provide customer connections to trunk mains.

Drain A pipe which takes effluent, wastewater and/or surface water from a single property.

Foul sewer ‘Foul sewers’ carry effluent and waste water from baths, sinks, toilets and washing machines.

Foul water Wastewater from domestic usage such as sinks, baths, toilets and washing machines.

Hard water/water hardness

A measure of the concentration of calcium and magnesium salts in the water.

Internal flooding Internal flooding from public sewers is defined as: ‘flooding which enters a building or passes below a suspended floor’. For reporting purposes, buildings are restricted to those normally occupied and used for residential, public, commercial, business or industrial purposes.

Lateral drain A ‘drain’ becomes a ‘lateral drain’ when it leaves the boundary of the property.

Section 104 Agreement

See page 23

Septic tank A tank in which collected sewage is decomposed by bacteria and the overflow drains to a soakaway.

Service pipe The service pipe is the pipe connecting the property to the water company distribution mains. It is made up of two sections. The communication pipe and the supply pipe.

Sewer A pipe which takes effluent, wastewater and/or surface water from more than one property.There are three main types of sewer: ‘foul sewers’, ‘surface water sewers’, ‘combined sewers’ (see below).

Sewerage undertaker A company appointed under the Water Industry Act to provide and maintain public sewers and sewerage services for a particular geographical area.

Strategic Sewer A public sewer of critical importance to the water company.

SuDS (Sustainable Drainage System)

Sustainable Drainage Systems, see page 17.See Question 2.2 for more information about SuDS.

Surface water Rainwater from the roofs, driveways and other hard standings of properties.

Surface water drainage charges

Surface water drainage charges form part of the annual water and sewerage charge.

Surface water sewer ‘Surface water sewers’ carry rain water from roofs, roads and driveways.

Supply pipe The supply pipe is the normally small diameter pipe which directly serves the property with water. It runs from the water company stop cock to the property. The property owner is responsible for their supply pipe.

Private In private ownership not owned by a water company.

Public Owned by a water company.

Public sewer In this guide public sewers include sewers and lateral drains owned by a water company

Raw water mains ‘Raw water mains’ carry untreated water around the area and do not serve individual properties.They are likely to be of a large diameter and can be located in farmland, open countryside and public highways. They may be used for agricultural supplies such as feeding troughs.

Treatment plant A bacteriological chemical or physical system or combination of systems designed to treat sewage safely and return the treated water and by-products back to the environment.

Water company In this guide water company is used to describe companies that are only responsible for public water supply (water only companies) and companies responsible for both public water supply and the provision of public drainage and sewage treatment services (water and sewerage companies).

Water mains (public/private)

Water mains may be public or private. There are two types of water mains: Distribution mains and Raw Water mains.


36

What is the difference between a sewer, drain and lateral drain?The diagrams below illustrate the difference between

sewers, drains and lateral drains

Please see also the index of terminology.

Semi-detached property

Footpath

Public highway

Detached property

Footpath

Public highway

Terraced property

Footpath

Public highway

Flats/apartments

Footpath

Public highway

Private drain Lateral drain Public sewer

37

What is the difference between a supply pipe, service pipe and communication pipe? The diagram below illustrates the difference between

supply pipes, service pipes and communication pipes

Please see also the index of terminology.

Footpath

Public highway

Internalstop tap

Externalstop tap

Communicationpipe

Supplypipe

Servicepipe

Watermain

Property owner’spipe

Internal pipework– property

owner’s pipes

Water companypipes

38

Drainage and water

Flood Ground stability

EnvironmentalLocal authority

Mining

Chancel

Energy andinfrastructure

Planning

You can order all your searches from us quickly and simply at www.wessexsearches.co.uk

This ‘Conveyancer’s Guide to the CON29DW’ has been produced by Wessex Searches – a nationwide supplier of property searches and an official producer of the Law Society’s CON29DW Drainage and Water Enquiry.

We also deliver training for conveyancing professionals.

© Wessex Water Enterprises Ltd | February 2018

Contact us today E: [email protected] T: 01225 526 206

F: 01225 528 994 W: www.wessexsearches.co.uk

@wessexsearches Wessex Searches

P: Wessex Searches, Operations Centre, Claverton Down, Bath BA2 7WW

Wessex Water Enterprises Ltd. Registered office:Wessex Water Operations Centre, Claverton Down, Bath BA2 7WW Registered in England number: 2279151

Telephone: 01225 526 206 Fax: 01225 528 994 Email: [email protected] www.wessexsearches.co.uk

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