What is a section 104 agreement?
A Section 104 agreement (under the Water Industry Act 1991) is an agreement between a developer and sewerage undertaker for the adoption of sewers serving a development. There are strict regulations in place for obtaining an agreement which can be a minefield for developers.
What is a sewer adoption agreement?
This is an agreement between the developer and water company that specifies the criteria of adoption. In short, the developer agrees to build the sewers to an agreed standard, and maintain them for a certain amount of time after the development is occupied, usually a few years.
What replaced sewer for adoption?
Design & Construction Guidance
As part of the SSG, ‘Sewers for Adoption’ has been replaced by the mandatory ‘Design & Construction Guidance’ (DCG) which gives provision for Sewerage Undertakers to adopt SUDs facilities.
What is a section 185 agreement?
Introduction. Under Section 185 of the Water Industry Act 1991 (S185) where any public sewer, lateral drain or disposal main is situated in private land, any person(s) with an interest in that land or in adjoining land can, by giving notice, require Severn Trent Water (STW) to alter or remove that pipe.
Do you need a section 104 agreement?
A Section 104 adoption agreement must be entered into before construction of the sewers begins. A bond is also required which is 10% of the estimated construction cost. Section 102 of the Water Industry Act, allows the owner of an existing private sewer to apply for the adoption of their sewer.
Who is responsible for sewers?
Sewers and lateral drains connected to the public network used to be the responsibility of the property owner; however, due to new Government legislation (effective as of 2011) sewers are now maintained by local water companies.
Do I need a section 104 agreement?
Section 104 of the Water Industry Act 1991 provides a mechanism for newly-constructed private sewers and pumping stations to be ‘adopted’ by the local sewerage authority, who will then maintain them at their own expense. A Section 104 adoption agreement must be entered into before construction of the sewers begins.
What is sewer diversion?
If there is a public sewer within your proposed development site, a diversion may be required to allow your development to progress. Developers with an interest in land that contains public water or waste water assets can arrange for the alteration or removal those assets to allow development work to progress.
Who applies for build over agreement?
A Build Over Agreement is required by water companies for any construction work over public sewers or within 3m of one. This obligation is even enshrined as a covenant in the Deeds of some more modern properties. Approval from the water company needs to be obtained prior to building work commencing on site.
What is the Section 104 agreement?
The Section 104 Agreement will set out the standards and approved materials to be used in the construction of the sewers and apparatus to ensure the sewer meets a specific standard.
What is a section 104 sewer adoption application?
A Section 104 sewer adoption application must be made before your drainage contractor can begin the construction of a new sewer, so that the local sewerage authority will agree to adopt the newly constructed private sewer (or pumping station) once works have been completed. This means that they will maintain it at their own expense going forwards.
How is the Section 104 fee calculated?
Once the submission is confirmed as technically acceptable, we will confirm to you the appropriate section 104 fee. this is calculated as 2.5% of the estimated construction cost of the agreed design based on United Utilities contract rates. This fee covers the processing, assessment and inspection of the works.