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Lack Of Build Over Agreement

If you do not receive the necessary approval before construction, the water department can remove all structures that block access to the sewers and will not be responsible for the damage caused. It can also affect the future sale of your property, since your construction will likely be discovered via a public sewer if your buyer conducts a search during the transaction. Your lawyers will check the drainage report of the sewer plans and location to determine if part of your land appears to be 3 metres from a canal or runoff. If no construction agreement has been reached, the vendor should have a sewer line review and the records forward to the water company. If the water company is satisfied that the sewers are in good condition, they will give a consolation letter confirming that the sewers are in satisfactory condition. The comfort letter generally satisfies the buyer and its mortgage lender that the Water Company will not take any action to demolish the insulting structure over the public sewers. Risks covered: the cost of reintroducing the property in the event that access to the flow/channel is required to carry out repair work, and the increased costs incurred by the water service to carry out repairs to the drain/sewer caused by the location of the land by the canal and which the Authority seeks to recover from the insured. In accordance with Part H4 of Schedule 1 of the 2010 Construction Code, SI 2010/2214, the agreement of the wastewater distributor is required for construction by public sewers. These are both dirt and surface water sewers. If a public sewer works underground, the homeowner cannot build on or within three metres of the sewer line without the consent of the wastewater collector. This consent is the Build Over Agreement. Consent is required before work begins and may be refused. If the building permit is not available, the municipality is entitled to the examination and, if the work does not comply with the building rules, a notice is issued in accordance with section 36 of the Construction Act 1984 (BA 1984), which requires the owner of the house (who may not be the same person in charge of the construction) to rectify it or, if this was not possible, to return it to its former state.

Failure to comply with a 1984 BA, s 36 notification is a criminal offence and could lead to the prosecution of the homeowner, as well as paying the fee for correcting the infringement by the local authority. 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? All sewer companies have legal rights for access to public sewers located on private land.


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