What is a s102 agreement?

What is a s102 agreement?

Section 102 of the Water Industry Act (1991) allows a developer or an individual to submit an application to a water company asking them to adopt a private operational sewer which is already installed.

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.

What is a section 102?

It is a provision in the Water Industry Act which allows an owner of a private sewer to apply to their sewerage provider (United Utilities, in this case) to take over responsibility for the sewer.

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 is a build over agreement?

A Build Over Agreement is required where building work is to take place close to (within 3 metres of) or over the route of an existing public sewer or drain. Any work involving new foundations, underpinning, piling or basements requires approval of the Water Company prior to work commencing on site.

What is an adoption agreement?

Adoption Agreement means the written agreement pursuant to which the Employer adopts the Plan. The Adoption Agreement is a part of the Plan as applied to the Employer.

Do I need a build over agreement for a private drain?

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.

Can a sewer be transferred under a S104 agreement?

This included sewers under S104 agreements. However, the transfer only included sewers which discharge into the public network. S104 agreements also cover surface water sewers, which carry rainwater from properties. Many of these discharge into watercourses or ponds.

What does S104 stand for in Water Industry Act 1991?

A S104 (Section 104 of the Water Industry Act (1991)) agreement is a legal agreement between a developer and a water company, where the developer agrees to build sewers to an agreed standard, which the water company will then adopt.

What is Section 102 of the Water Industry Act?

What is section 102? It is a provision in the Water Industry Act which allows an owner of a private sewer to apply to their sewerage provider (United Utilities, in this case) to take over responsibility for the sewer.

Do you need a S104 agreement with Severn Trent?

Severn Trent’s policy has always been that S104 agreements are a confidential arrangement between them and the developer and, as such, they do not provide them to third parties. Many developers will provide them on request however, so we’d always recommend contacting them instead.

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