Drainage and Sewage

Drains

The pipe that exits your house is called a drain. If this drain then joins a drain from another property then, from that joint onwards, the pipe becomes a sewer.

Private property
On private premises owners are responsible for their own drains up to their connection with drainage from another property - even though that connection may be under the road or under neighbouring property. Ownership of drains does not stop at property boundaries.

Rented
In rented properties the landlord normally has overall responsibility for arranging clearance but it is reasonable for tenants to carry out simple tasks like keeping gulley gratings free from leaves and not letting food wastes, fat or oil get into the drain. However there may be a clause in the rental / leasing agreement which makes the tenant liable for any costs incurred.

Sewers

When a drain serving one property joins with a drain from another property, the shared pipe is known in law as a sewer. Where the premises were built before 1 October 1937 the sewer is nearly always a public sewer. Those built after that date are usually private sewers.

Responsibilities for unblocking or repairing problem sections of foul sewage systems depend upon whether or not the sewer is classed as private or public. However this is not always easy to determine.

Private sewers (ie built after 1937)
These are maintained jointly by the owners of the properties which they serve. So the owner of a post-1937 property would be wholly responsible for their own drain and, if that drain does not connect directly to a public sewer (probably the main sewer under the road), they would share a further responsibility with other owners for a private sewer, up to its connection onto the public sewer.

Each owner is only responsible for sharing the maintenance of the private sewer downstream of their connection into it. For example, a blockage at the downstream end of a private sewer serving a terrace of houses should be cleared and paid for jointly by all of the owners, while a blockage at the upstream end would fall only to the two owners at that end. If the owners cannot clear the blockage themselves then they need to call in a drain cleaning company.

Diagram one
Your household drain may flow straight into a public sewer. If a blockage occurs anywhere in this private drain, you have sole responsibility for cleaning any blockages or carrying out any repairs. Most properties have some length of private drain.

Diagram two
Drains from two properties may join together and form a private sewer and then run some distance before connecting with the public sewer. If a blockage or defect occurs at point X in the private sewer system, the owners of the two properties would be responsible for rectifying the problem. It is important to note that the boundary of the property does not indicate the end of responsibility. This extends up to, and includes, the connection with the public sewerage system.

Any company employed to clear the blockage would probably want to be paid by just one person - that person would need to recover for themselves any contributions from the other owners. If one owner refuses to pay their share then the others would have the right to claim it back through the courts if necessary - but this is a private matter for the owners to decide as best they can. It may be worth checking title deeds to see whether they set out specific arrangements for maintaining a private sewer, such as by everyone paying a service charge to an agent to act on their behalf.

Public sewers (ie built before 1937)
These are maintained free of charge by Anglian Water (www.anglianwater.co.uk). The fact that a sewer is located under a public road does not mean that it is a public sewer. Similarly, some public sewers can be found within the grounds of a privately owned home. Telephone 08457 145 145 to speak with a customer services agent at Anglian Water.

Diagram three
This shows how all the drains from a block of houses may link up before running into a public sewer. In some cases the drains from an entire estate may join a private sewer system before linking up with the public system and this could be some considerable distance.

Present legislation dictates that the owners or occupiers of homes above the point of the blockage or defect - whichever property's effluent flows through that point - are responsible. Therefore a blockage at point Y would only involve properties four, five and six. A blockage at point Z would involve all six properties.

Identifying drains and sewers

Where it is not known whether a pipe is a drain, a public sewer or a private sewer, owners could consider requesting Anglian Water to attend. If Anglian Water find it is a public sewer they would clear it free of charge. If they find it is private they might offer to clear it for a fee, though they are not obliged to.

Conducting works on drains and sewers

Please note that all new drainage work and repairs to existing drainage must comply with the Building Regulations. Before commencing any new work or repairs please contact Building Control Services (http://www.northnorfolk.org/council/5449.asp) for advice or to arrange any inspection and approval that may be needed (this would not be necessary just to clear a blockage). They also hold copies of original building plans for many properties and can often provide a date of construction over the telephone to help a quick decision about whether a sewer is public or private.

The role of North Norfolk District Council

The Council has statutory powers to require drains and private sewers to be cleared and if necessary can enforce the required work at the expense of the owner(s). This action is currently taken by the Environmental Health Service. It is always preferable for residents to resolve drainage matters themselves as referring investigations to the Environmental Health Service will incur additional administration costs.

Environmental Health Staff will determine the extent of the problem, the number of properties involved, the action required to resolve the problem, and who is responsible. This usually results in either informal or formal action being taken.

Informal action
Environmental Health will try to advise home-owners of the most appropriate action to take.

Formal action
A Statutory Notice would require the affected persons to remove obstructions from the private sewer within 48 hours. If the notice is not complied with, the work can be completed by the council and the cost for the works, plus any administrative fees, will be charged to those responsible.

A Building Act 1984, Section 59 Notice would require the responsible people to repair the damaged parts of a private sewer. The notice or covering letter will indicate all other parties involved. If the notice is not complied with, the council will complete the work and the cost, plus any administrative fees, will be charged. Information about rights of appeal is also set out within this notice.

Problems relating to public sewers must be dealt with by Anglian Water who are responsible for maintaining the sewers in your area.

Please be aware that sometimes it is not possible to identify the location of drainage defects and who is responsible until any blockage has been cleared. Often detailed surveys, using closed circuit television or other equipment, is necessary to trace the drain and identify defects.

Financial Assistance with Land Drainage Works

In some circumstances it is not possible to take enforcement action yet a land drainage problem still occurs. In these circumstances and where actual flooding of property occurs or the properties have been close to flooding on regular occasions it is desirable to undertake works to alleviate the flooding risk. Where the case meets the Council's criteria then it is possible to offer some financial assistance.

Drainage schemes are not always essential or desirable and can have detrimental environmental effects. If the land in its natural state can accept and recover from occasional flooding it is in many instances left alone.

Criteria

1. More than one unit of living accommodation has been flooded or put at risk of imminent risk of flooding because of drainage problems.
2. The assistance offered will not exceed £2000 and will not exceed 70% of the total cost of the work proposed.
3. At least two other individuals or organisations are contributing towards the cost of the overall scheme.

Need to be satisfied that:

• That it is a "regular" occurrence i.e. not 1 in 10 or 1 in 20 year event
• There is a feasible engineering solution with a positive outfall point.
• That improving the drainage at this point will not cause flooding problems downstream.
• In some cases land drainage problems cannot be solved by an individual land owner but require the co-operation of many owners to arrange for surface water to be collected, channeled and conveyed away to an outfall.

If you believe that you qualify for assistance please contact the Environmental Protection team on 01263 516085.