Build Over Agreements - The Key Issues for Conveyancers

Introduction

The Private Sewer Transfer of 2011 resulted in the adoption of large numbers of private sewers and drains that were constructed on or after 1937.

As this apparatus is usually unrecorded on the Public Sewer Map, it is sometimes difficult for residential conveyancers to determine whether building works have been carried out in proximity to such equipment and, if so, whether a build over agreement is required.

Also, complex rules for septic tanks and treatment plants, and for sewage discharge, have created a minefield for clients and conveyancers alike. As a result, you now have to consider matters such as trying to determine to whether such a private drainage system is compliant with the rules, what additional pre-contract enquiries need to be raised, and what extra checks you should recommend that your client undertakes.

What You Will Learn

This live and interactive session will cover the following:

• When is a build over agreement required?
• How can a client locate a public sewer?
• Possible reasons for refusing consent to building over or close to a public sewer
• The circumstances in which diversion of a sewer might be required
• The general binding rules for septic tanks or small sewage treatment plants
• Small sewage discharges to the ground or a groundwater
• Applications and requirements for a permit
• Rules for a cesspool?
• What the buyer of a property needs to be told
• Enquiries that can be raised of the Seller
• Enforcement, sanctions and offences

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.