Build Over Agreement Pre 2011 Yorkshire Water

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. The other possibility is that the seller will provide the buyer with compensation insurance to protect against financial losses resulting from the construction of the property through a public sewer. It is the fastest and cheapest option, but whether or not insurance is available depends on the circumstances of each case. Hello, the property – the responsibility of private outings changed in 2011, but you say that the extension was built on your house before that date (before 1999) … Therefore, the 2011 requirements would probably not apply. You should probably talk to your lawyer and/or your legal drainage company to find out more and verify who was responsible for your outings before 2011. All work including new foundations, foundations, stakes or basements required the approval of the water company before work began on site. In October 2011, most of the sewers and private sewers were transferred to the public domain for repair and maintenance by the local water company. No authorization is required in cases where private sewers were built prior to the transfer of ownership of a sewerage company. Under these conditions, safety is ensured for an owner whose property was built before the transfer of sewers from a private channel to a public channel, in conjunction with the legal undertaker`s obligations to repair the damage suffered. It is almost impossible to obtain information from the water service to confirm whether the building permit should have been issued or whether the sewers were previously private and were transferred following the transfer of the private canals regulation in 2011. This makes it difficult to satisfy a commercial lender that was not necessary to reach an agreement.

A commercial lender must ensure that, in a situation where a sewer contractor needs access to a sewerage system located under land, the work does not affect the value of the property and the security of the bank, and there must be some certainty as to the liability of a legal minor to repair the damage in the absence of a formal construction agreement. Sometimes problems arise when owners try to sell their property, which is built in part or entirely through a public channel. Conservatories and extensions are the usual criminals. If a Build Over Agreement was not obtained when the work was done, then the water company has the legal right to enter the land to reach the canal, even if that means demolishing the building above the canal. However, if possible, the water company will avoid the damage and look for other ways to enter the sewers, but the risk remains. If a construction agreement has been reached, the water company has no right to remove or demolish the structure above the sewers. This becomes more and more of a problem when they act for a commercial lender. How can you satisfy a commercial lender in which a search for water and drainage shows that a property has been built over a public canal and that there is no evidence of the agreement, that there is no risk regarding a legal undertaker who enters the land, digs up the soil to access public sewers and does not cause any damage? The transfer of the private sewer regulation in 2011 provided that all sewers and previously private cross-exits would be transferred to the property of regional sewer companies.

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