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© 2012 The Association of Residential Managing Agents Ltd
Drains and Sewers
ARMA Guidance Note – C10 Revised – 31st August 2012
Page 1 of 5
IMPORTANT NOTE TO MEMBERS: Guidance Notes are produced for the use of members only; they should not be distributed to third parties unless the particular GN has a note to that effect. Members’ attention is specifically drawn to the boxed note at the end of the GN regarding its use.
SUMMARY
This GN: • Explains the difference between drains and sewers
and who is responsible for their maintenance. • Points out the changes to responsibilities for private
sewers from 1st October 2011. • Gives advice on how to avoid blocked drains and
maintain them. • Looks at insurance and drains.
WHAT ARE DRAINS AND SEWERS?
• Drain: A single pipeline, which conveys foul sewage and/or surface and waste water runoff from a single property. A drain is still a drain even if it goes past the boundary of the property until it joins a sewer.
• Lateral drain: That part of a drain that runs beyond/outside the boundaries of the property that it serves.
• Sewer: A pipeline, which normally conveys foul sewage and/or surface water runoff from more than one property. Sewers may either be public or private.
• Public Sewer: A sewer which has been adopted as a public sewer or was in use before the 1st October 1937 and is therefore the responsibility of the Statutory Undertaker.
• Private Sewer: A sewer, which is not a public sewer. A private sewer is normally the responsibility of the owner/s of the property, which it serves. It may still be a private sewer under the public highway until it joins the public sewer.
• Statutory Undertaker: Normally the relevant sewerage company.
RESPONSIBILTY FOR DRAINS AND SEWERS The Government announced in December 2008 that all private sewers and lateral drains that drain to the public sewerage network of the nine English water and sewerage companies would transfer into their ownership. This would remove the burden of maintenance and repair from some householders and
allow for a more integrated sewerage network. The transfer took place on 1st October 2011. The regulations also encompass all new sewers constructed by developers, thus eliminating the creation of new private sewers.
WHO IS RESPONSIBLE? It is the responsibility of the owner-‐occupier to maintain and clear a private drain/sewer. Drainage that is wholly within a building, such as in a flat, is building drainage and is therefore classed as a private drain. Pipes that serve a single building (or part of a building) are drains. From the point where the pipe leaves the curtilage of the building (or the curtilage of part of the building) the pipe is a lateral drain if it communicates with a public sewer. It is therefore the responsibility of the sewerage company as a public lateral drain. Where a pipe serves two or more buildings which are within the same curtilage, the pipe is a drain not a sewer. Only from the point where the pipe leaves that curtilage does the pipe become a public lateral drain (not a sewer) and become the responsibility of the sewerage company, again provided it communicates with a public sewer.
DIAGRAMS TO ILLUSTRATE RESPONSIBILITY See appendix.
ENFORCEMENT OF STATUTORY DRAINAGE LEGISLATION Local authorities have a statutory duty in the interests of public health to ensure that blocked / foul smelling private drains are cleared and, where appropriate, to recharge the householders for this service. Any recharge is apportioned equally to all households feeding into the
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GN: C10 Drains and Sewers Revised – 31st August 2012
sewer up to the point that it is blocked and follows the serving of a notice. If the property is a block of flats the notice and charge would be levied on the landlord. Local authorities may become involved if: • Private households, being served by a drain and/or
private sewers are unable or unwilling to adequately deal with the problem. In these cases a legal notice requiring the work to be done can be served. The work may be done by the local authority in default of the owners. However, this will be subject to an administration charge and it will normally be more economical for the owners to agree amongst themselves to arrange for the works to be carried out.
• Access is not possible or denied onto a property to
investigate the situation. An authorised officer of the local authority may enter the property at any reasonable time to assess the extent of the problem.
• The local authority has reason to believe that a risk to
public health exists and it is unlikely that the person(s) responsible will be able or willing to carry out necessary works.
AVOIDING BLOCKED DRAINS AND SEWERS Around 75% of blockages involve disposable items costing British householders millions of pounds annually in plumbing bills. Here is a list of common items that should not be put in the drains. Solidified fat-‐ is one of the biggest causes of blocked sinks and can lead to blockages in sewers. Instead of pouring it down the sink, wait until the fat has cooled and then pour it into a plastic container for disposal with your other household waste. Disposable nappies -‐ flush any human waste down the toilet but not the nappy. Instead the nappy should be well wrapped and disposed of in the bin -‐ nappy bags are available from supermarkets. Sanitary towels and incontinence pads -‐ use the special bags for sanitary protection available from pharmacies. Cotton buds, wet wipes, ladies tights, bandages, plasters and dental floss -‐ dispose of these in the bin along with other household rubbish. Condoms, tampons and applicators -‐ wrap well and dispose of in the bin.
Razors and blades -‐ put these into a rigid container before placing in the bin. Medicines -‐ any unwanted or unused medicines should be returned to your local pharmacy for safe disposal. Do not dispose of medicines with other household waste.
MAINTENANCE OF DRAINS-‐ ADVICE FOR AGENTS • When taking on a new property ask about any history
of drainage problems; are drainage plans available; are there internal manholes, hidden manholes and rodding eyes?
• Check whether properties are unusual with a septic tank, soakaways for rainwater, shared drains with adjoining properties or in a flood risk area.
• Are there any large trees near to manholes or drains which require the possibility of tree root activity to be investigated?
• During site inspections are there any areas of boggy ground or verdant growth near a drain (or water main) run which should be investigated?
• Inspect gullies to check they are not full of stones, debris or rotting leaves.
• Contractors working at schemes should be warned not to flush waste plaster or cement down drains.
• Properties in areas with high leaf fall from trees should have gullies cleared regularly.
• If a building is known to have subsidence problems it is likely that drains in the immediate area are affected by movement. Check the drains as well as the obvious visible damage caused by the subsidence.
• Properties with basements and internal manholes are at a higher risk of drain problems and should have regular maintenance.
INSURANCE AND BLOCKED DRAINS AND SEWERS This is a complex area but in general repair of a drain is not normally covered by insurance – unless a specified peril has damaged the drain. The cost of tracing the blockage may be covered as might the consequential damage. If there is damage to the contents of a flat from flooding after a sewage blockage then the lessee should inform his/her insurers at once. If the blockage is in a private drain or sewer serving a number of flats then the repair is not normally covered by the landlord’s insurance policy. The cost of searching for the exact location may be covered if there is additional cover held for the cost of say CCTV surveys. If there is a need for extensive works to dig up the floors
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GN: C10 Drains and Sewers Revised – 31st August 2012
of communal grounds in order to trace the source of a blockage then it is best to check that the trace and access costs will be covered by the landlord’s policy. If the blockage is in a public sewer but has resulted in flooding and damage within dwellings, then the blockage should be reported to your water/sewerage company. The company will not normally accept the costs of damage to lessees or communal contents caused by flooding from sewage.
-‐ o -‐ Association of Residential Managing Agents Limited (ARMA) 178 Battersea Park Road, London SW11 4ND Tel: 020 7622 6123 Fax: 020 7498 6153 Email: [email protected] Website: www.arma.org.uk
Whilst every effort has been made to ensure the accuracy of the information contained in this Guidance Note, it must be emphasised that because the Association has no control over the precise circumstances in which it will be used, the Association, its officers, employees and members can accept no liability arising out of its use, whether by members of the Association or otherwise. The Guidance Note is of a general nature only and makes no attempt to state or conform to legal requirements; compliance with these must be the individual user’s own responsibility and therefore should seek independent advice.
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GN: C10 Drains and Sewers Revised – 31st August 2012
APPENDIX
Diagram 1 Flats in One Block or Non-‐residential On the left is the position pre-‐2011. On the right is the position now. The pipe draining the several flats remains private within the curtilage of the building until the boundary with the highway.
Diagram 2 Flats with Multiple Blocks These properties have a shared area of car parking which is managed in common with the other block. There is no area obviously attributable to either. The pipe draining the two buildings is a drain as it drains two premises within a single curtilage. The pipes draining the several buildings remain private within the single curtilage until their boundary with the highway.
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GN: C10 Drains and Sewers Revised – 31st August 2012
Diagram 3 Alternative Blocks of Flats The two blocks each have a separate area around them. They do not have a shared area which is managed in common with the other block. There are clear areas obviously attributable to each block. The pipe draining the two blocks is a private sewer as it drains two separate premises
Diagram 4 Terraced Properties The picture on the left is the situation pre-‐2011. The right is the picture now. The private sewer transfers to the company as a public sewer. The private drain from the boundary of Property 1 to the transferred public sewer transfers as a lateral drain.
