According to the 2010 building code, Scheme 1, Part H4, the agreement of a legal undertaker is required for construction work on a public sewer. When «public pollution channels» and «public surface water channels» pass underground, an owner of such land cannot build on or within the distribution line of such a channel without the approval of the regional wastewater operator. This is called «Build over Consent» or «Building over Agreement.» Such an agreement allows the legal undertaker to access the sewers for maintenance purposes. A construction by agreement will also determine the responsibilities of the legal undertaker to repair the damage suffered. In 2011, most of the sewers and private sewer outlets in England and Wales were transferred to public property. Thousands of kilometres of pipes – repaired and maintained by the owners (often without their knowledge) were under the jurisdiction of water companies. While this was undoubtedly good news for the owners, it created a kind of legal shade zone when these sewers were built by their former owners. Each water company has its own policy regarding the construction of public pipes or near public canals. For Severn Trent Water, if an owner wants to build in the immediate vicinity of an existing public channel, they will have followed one of the two lawsuits.
Until the late 1990s, they reportedly entered into an agreement with Severn Trent Water, which stated both their rights and the rights of the water company. 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? Unlike other legal provisions such as Section 106 of the Town and Country Planning Act 1990 (TCPA 1990), we have not been able to find a specific legal provision under which construction contracts are entered into. However, construction agreements are regularly required of wastewater treatment companies to ensure that the following legal requirements are met: the H4 requirement requires that certain construction work be carried out through a public sewer or on a site or in a manner that may affect the use or impediment to access to public sewers is carried out in such a way that the building or the extension of the building or the continuous maintenance of runoff is carried out. , sewers or waste there is another problem in determining whether there should have been a construction by agreement. In cases where public sewers were built without the consent required under the 2010 Construction Code, the usual penalties and enforcement measures apply. It will be difficult and time-consuming to determine whether the canal in question was originally a private sewer subject to the transfer of the private sewer regulation in 2011, and therefore it would never have been necessary to enter into a construction agreement, or whether the sewers in question were still public and whether a hold-up should have been carried out. The transmission of private pipes has generally been beneficial to both the public and water companies.