These words strike fear into Star Trek fans as they will forever be associated with Cap tain Jean Luc Picard’s arch enemy, the BORG, a race of half human, half machine who assimilated entire races into more BORG in their quest for domination of the universe.
So imagine my fear when I saw in the minutes of a meeting I had not attended, the letters BORG printed out in bold. What? I thought, has science fiction become reality and the meeting been taken over by this super race? No, it was nothing as dramatic as that; the ‘Building Over Review Group’ has been set up by Water UK to agree a way forward on situations where new properties or extensions are built near (or over) public sewers following the adoption of previously private sewers at the beginning of October 2011.
Before BORG was set up there had been little or no attempt to ensure that all water companies implemented their requirements in a standardised format, or indeed agreement on where and when a ‘building over’ agreement would be required in the brave new world of adopted public sewers.
The Building Regulations require Building Control Bodies (BCBs) to consult with the water companies where a public sewer is shown on the water company’s map of sewers within the proximity of a new building or extension. It is expected that mapping of newly adopted sewers will be carried out as opportunities arise, there are no plans for a comprehensive mapping programme and so it is likely that owners may not be aware that there is a public sewer near their development.
Currently, whilst the building over sewers issue is not resolved, the standards to which new adoptable foul drainage need to be built have not been issued. This is a real problem if, for example, you are intending to build a number of properties which will all connect into the same run of drainage which previously would have remained private but will now be classed as public sewers and so will be the responsibility of the water company to maintain.
It is unlikely that any national document will be available before April 2012 so in light of this, the Building Control Alliance has issued guidance to BCBs and industry, clarifying what needs to be done while we await further guidance and standards.
NEW DEVELOPMENTS
In the absence of Mandatory Build Standards, builders should continue to follow the guidance in Approved Document H when designing and installing new foul drainage. However consideration should be given to the fact that when completed, shared drainage systems will be adopted by the water companies and it is advisable to contact them in advance of carrying out the work to check for any local requirements
Exempt buildings will remain exempt. All building owners will have been notified by the water companies of the change in legislation and their obligations.
BUILDING OVER SITUATIONS
Where there is agreement and understanding between local water companies and BCBs, all parties are encouraged to continue with that working agreement until national guidelines are issued.
The Private Sewers and Lateral Drains legislation does not amend the Building Regulations at all. BCBs will continue to consult with water companies where a drain or sewer is shown on the map of sewers, in accordance with the current requirements of Regulation H4 (this opinion is also supported DCLG).
BCBs do however owe a duty of care to their ‘customers’, and where they become aware that a building is over or in close proximity to a drain or sewer, which is not shown on the map of sewers, that could be a public sewer the BCB should advise the building owner and/or the contractor to contact the relevant water company and obtain their consent to continue. Although it is extremely unlikely that retrospective action would be taken in respect of a failure after 1 October 2011 concerning the duty of care not to damage or restrict access, it cannot be ruled out.
REMEMBER
Most previously private foul sewers were formally adopted by the Water and Sewerage Companies on 1 October 2011 Guidance has yet to be issued by Water UK and Government on how this affects new foul sewers or building over situations The Building Control Alliance has issued interim guidance to the industry on how to proceed until further guidance is issued.
