LIABILITY FOR PRIVATE SEWERS

Published: 24th August 2007

This update follows on from last month's article on the same topic.

The Government consultation period has now begun into how the transfer of private sewers and lateral drains to the statutory water and sewerage companies (WSCos) should be done and suggests different methods of transfer.

The consultation paper seeks views on the four methods that have been identified for transferring ownership of private drains and sewers.

1. Overnight transfer

From a set date, ownership of all private sewers and lateral drains would transfer to the WSCos. This would be a definitive, "line in the sand" step and is the method of transfer supported by DEFRA.

However, it would be extremely difficult to identify the assets transferred and may create uncertainty. It would be likely to lead to higher bills for customers of the WSCos due to the sudden increase in their maintenance responsibilies.

It may also create disputes with landowners who did not want their sewers or drains to be adopted. In order to deal with such disputes, a notification and appeals procedure would be required and this would inevitably be costly.

2. Phased transfer

Under this proposal, the transfer of the sewers and drains would commence on a particular date but would be phased in gradually.

This would help to spread the costs impact over time and give the WSCos time to adjust.

Once difficutly which has been noted is the phasing criteria to be used - i.e. how will sewers and drains be selected for transfer? This could be done on an area basis or by means of a "best and newest first" or a "worst first" policy. Of course, the costs of gathering this information would in itself be expensive. Also, one might question whether a "worst first" policy might run out of steam before too long!

3. Application based transfer

In this procedure, the owner of a private sewer or drain would be able to apply for transfer to the WSCos.

If the system were to operate without conditions, then providing that the drain/sewer connects to the publicly adopted network, the WSCos would be obliged to accept the transfer request.

On the other hand, if a "conditions based" transfer system was implemented, the WSCos would be able to specify conditions to be met before they would have to accept the transfer.

Examples of conditions would be:

• Location of drain or sewer to be shown accurately on a plan
• Details to be given about the serviceability of the drain or sewer.

The application based transfer system avoids any potential human rights issues as the assets would not be transferred without an application having been made by the owner.

Inevitably though, not all private drain owners would apply for the drains to be transferred and this would mean that the problems with the current system, that is, the fact that there is no integrated ownership, management and planning system for the network, would remain.

The consultation period ends on 19 October 2007.