August 15, 2018

Private Sewer Transfer…2012

On 1 October 2011 all privately owned sewers and lateral drains which
communicate with (that is drain to) an existing public sewer as at 1 July 2011 will become the responsibility of the sewerage undertaker – normally the water and sewerage company for the area. This includes private sewers
upstream of pumping stations that have yet to transfer and also private
sewers upstream of lengths of sewer or drain that are the subject of an
ongoing appeal or which have been excluded from transfer as a result of an
appeal. The continued efficient operation of such upstream sewers
transferred to a sewerage undertaker will need to be considered in
determining relevant appeals. Sewers and lateral drains which are upstreamof lengths of sewer which are on or under land opted-out of transfer by a Crown body, or which are owned by a railway undertaker (and therefore specifically excluded in the transfer regulations) are also transferred.
Any private sewer which, immediately before 1 July 2011, communicates with a public sewer will transfer. Where development of a site is incomplete, the judgement as to whether sewers will transfer on 1 October will need to be site specific and depend on circumstances. Sewerage undertakers and Developers are advised to consult on partially constructed sites to reach a common understanding as to what is and what is not transferring. This will ensure that an undertaker does not inadvertently trespass by accessing pipes which it had mistakenly assumed had transferred