Adoption of Sewers (Home Improvement)

George Eustice Excerpts

Friday 16th January 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (George Eustice)]

I thank my hon. Friend the Member for Rugby (Mark Pawsey) for raising this important issue. As he said, before 2011, home owners were responsible for their sewers and pipes. Should anything have happened to those pipes, it was down to the home owners to cover the expense, and attempt to recover costs from those neighbours who shared the same pipes.

In October 2011, the Government implemented the water industry regulations transferring the ownership of, and responsibility for, private sewers and lateral drains to the water and sewerage companies. My hon. Friend rightly pays tribute to the sterling efforts of his constituent, Pam Brockway and others, in bringing this unfair practice of passing the cost on to individual home owners to the attention of Government, which resulted in those legislative changes.

I have also had experience of this matter in my own constituency. I remember meeting in one of my surgeries an elderly lady who was being bullied by a cowboy builder to sign on the dotted line to say that she would pay £10,000 towards the upkeep of a private sewer that was collectively owned. She resisted that, but I have heard of many other such practices, often involving vulnerable people.

In addition to preventing unexpected and substantial sewer repair bills going to individuals, the 2011 transfer has also meant that the sewer network can be systematically upgraded over time. The consequence has been a regularly maintained and more resilient sewer system.

The 2011 transfer has resulted in a greater focus on the 2010 building regulations. The regulations set out how buildings should be built or improved. Although no changes were made to the 2010 building regulations, the transfer regulations enabled building regulations more effectively to achieve their aim of ensuring that new buildings and extensions are constructed in a way that does not adversely affect the sewers. Given the general lack of awareness among home owners before the 2011 transfer, private sewers were at great risk of compromise or damage when construction took place—ultimately at the considerable expense of individual home owners.

The local authority, or approved private sector building control body, has the final say on whether any works comply with building regulations, although they must have regard to any views expressed by the sewerage undertaker, such as when a sewer is within 3 metres of the proposed works. Furthermore, even if the developer disagrees with the building control body, there is the option to apply to the Department for Communities and Local Government for an independent determination.

I wish now to address some of the points made by my hon. Friend. He pointed out that the 2011 transfer could not resolve all the issues. He has highlighted six important issues including: the legal requirement for a build-over agreement; charges levied by water companies for build-over agreements and works to be done; the time taken for the process of agreement; and the paucity of information about where the sewers are located.

First, there is no formal legal requirement to obtain a build-over agreement. However, it is considered good practice to obtain the permission of the water company responsible for a sewer or drain affected by any proposed building project, and that is also encouraged by the approved building regulations guidance. Water and sewerage companies are best placed to advise on suitable actions or possible risks to the sewerage network as a result of building work.

My hon. Friend makes a very good point regarding the variance in the charges levied by water companies for build-over agreements. We all want to see that any such costs are reasonable, proportionate, appropriate and consistent; otherwise we will have saved home owners one expense through the 2011 transfer only to expose them to new costs.

My hon. Friend highlights the importance of guidance. He is right that the solution to these and many of the other issues would be a joint industry-developed code of practice governing the processes of securing a build-over agreement and bringing transparency to the costs involved. A code of practice could also address any issues concerning timing and make it clear where responsibilities lie for repairs to sewers when the construction is being carried out or who retains liability for the quality of the construction and its potential impact on the sewer underneath in the long term.

The Glass and Glazing Federation has already taken the initiative in drawing up a draft. The Government have been talking to the water companies about working with the Glass and Glazing Federation to reach a common approach and I am told that we can expect positive developments soon. I welcome that, but I want to see even greater momentum behind the idea of the code of practice. In advance of the debate, I contacted the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for North Cornwall (Dan Rogerson), who is responsible for water, forestry, rural affairs and resource management. The Under-Secretary intends to write to Water UK, the organisation that represents the water companies, to encourage that development. I hope that from this debate we will see momentum behind the idea of a code of practice, because given that there is no formal legal requirement for the build-over agreements, which are only set out in guidance, home owners are in a strong position to get credible guidance that prevents water companies from charging excessively for these agreements.

[Mark Pawsey]

One or two water companies seem to be suggesting that the need for a build-over agreement is a legal requirement. Does the Minister agree that that information is inaccurate and should be withdrawn?

[George Eustice]

They are incorrect in that. There is no legal requirement for a build-over agreement, but it is set out in guidance. The legal requirement is that people should have regard for the views of water companies, so they should consult them. There is no statutory requirement for a build-over agreement, but it is set out in guidance that they should be encouraged. I hope that that clarifies the position.

My hon. Friend raised an additional concern that many sewers are, as yet, unmapped. Section 199 of the Water Industry Act 1991 places a requirement on sewerage undertakers to maintain an up-to-date map of their sewers. However, ownership of some 220,000 km of unmapped sewer and lateral drain pipework transferred overnight in 2011. The impact assessment for the 2011 transfer estimated that mapping all that pipework as part of a distinct project would cost more than £1.3 billion. I am sure that my hon. Friend will understand that to avoid unnecessary costs for water bill payers, water companies are updating their maps during the course of their normal activities. If the sewer or lateral drain does not appear on the sewer map, there is no requirement for the building control body to consult the water company.

My hon. Friend refers to the Government’s aim to cut red tape and the positive steps taken to streamline the planning regime and help stimulate the building industry. The building regulations set out requirements for construction and how structures are built. Fair and effective building regulations are vital to ensure that the public and the environment are suitably protected. None the less, I reiterate that there is no formal legal requirement to gain permission from water companies, although it is recognised as good practice in building regulations guidance.

In conclusion, my hon. Friend has raised an important point. I agree that the answer is to have a voluntary code of conduct supported by the industry and I believe that home owners are in a strong position given that there is no formal legal requirement for a build-over agreement. I encourage him to engage with the Under-Secretary and perhaps with Department for Communities and Local Government Ministers to make progress on the idea of a voluntary code.

Question put and agreed to.