Sewers and drains

The responsibility for the repair and maintenance of drains and sewers is based on the following principles:

• Drains can only serve the curtilage of one property.
• A drain becomes a sewer from the point where it is joined by a drain serving another property.
• Sewers are "private" unless they are "public sewers" constructed or adopted by a Water Company. Water Companies usually specify a higher standard of construction than required for normal building regulation purposes.
• A drain is the sole responsibility of the owner or occupier of the premises it drains.
• A private sewer is the joint responsibility of all premises gaining the benefit of the lengths of sewer they use, up to and including its connection with a public sewer after which it becomes the responsibility of the relevant Water Company.
• Sewers constructed before 1937 are deemed to be public sewers and are maintained by the Water Company serving that area.
• The ownership of the land across which a drain or sewer passes is usually irrelevant in determining who is responsible for its upkeep.
• The owner of a drain or sewer usually has a right of access to repair and maintain the drainage system when it crosses a third party's land. However, it is sensible to agree access arrangements with the landowner and to reinstate any land disturbed by the repair or maintenance.

The Insurance Companies have agreed a protocol for dealing wih the investigation, repair and payment (including payment of investigators fees) of claims involving defective private sewers, the responsibility for which is shared between at least 4 properties. In such cases, householders should contact their insurance company who should then make the appropriate arrangements.

The law on sewers and drains can be complicated and the above is not intended to cover all the various circumstances that can arise.