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. 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. 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. 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. This becomes more and more of a problem when they act for a commercial lender. How can a commercial lender be satisfied where a search for water and drainage shows that land has been built over a public canal and that there is no evidence of the agreement, that there is no danger for a legitimate contractor who enters the country, digs up the soil to access public sewers and does not cause damage? This potential risk is problematic if the winter garden was developed before July 1, 2011.