Do the same rules apply to a winter garden built in 1997 over an existing flow? Have you recently made or planned an extension of your property? Have you checked to see if you need to enter into a construction agreement with your local authority? Recently, many more people get caught because of a construction agreement or lack thereof when they make extensions of their property. The other possibility is that the seller will provide the buyer with compensation insurance to protect against financial losses resulting from the construction of the property through a public sewer. It is the fastest and cheapest option, but whether or not insurance is available depends on the circumstances of each case. 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? There is another problem as to whether there should have been an 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. It is almost impossible to obtain information from the water service to confirm whether the building permit should have been issued or whether the sewers were previously private and were transferred following the transfer of the private canals regulation in 2011. This makes it difficult to satisfy a commercial lender that was not necessary to reach an agreement. A commercial lender must ensure that, in a situation where a sewer contractor needs access to a sewerage system located under land, the work does not affect the value of the property and the security of the bank, and there must be some certainty as to the liability of a legal minor to repair the damage in the absence of a formal construction agreement. The housing recidivism situation and the lack of building permits appear to be insurance for compensation.
However, as commercial real estate lawyers know, insurance is much more expensive when it comes to commercial real estate. The answer is not clear. The costs of studying the history of sewers under the ground must be incurred to meet the situation, or the costs must be borne by obtaining a compensation policy. One way or another, this is an uncomfortable situation that has not contemplated the transfer of the regulation to private channels and will probably only be more frequent, since real estate that would have been private before 2011 is now falling above the public. No authorization is required in cases where private sewers were built prior to the transfer of ownership of a sewerage company. Under these conditions, safety is ensured for an owner whose property was built before the transfer of sewers from a private channel to a public channel, in conjunction with the legal undertaker`s obligations to repair the damage suffered. For more information on building public sewers, please visit this page on the website of Severn Trent Water buildings of an extension or a winter garden via a public sewer or within 3 meters of the sewers? A building permit issued by the local sewer service is required.