Department for Environment, Food and Rural Affairs
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Lifting the burden of responsibility for private sewers from householders - Government seeks views

Lifting the burden of responsibility for private sewers from householders - Government seeks views

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS News Release (229/07) issued by The Government News Network on 25 July 2007

Defra has today published details of a plan to release householders from a liability most don't even realise they have - until something goes wrong and they face a bill for fixing the problem.

It's estimated that as many as 50% of properties connect to private sewers, and that most other properties connect to a public sewer via a lateral drain. Currently these are the responsibility of the owners of the properties they serve, often without their knowledge. When they need repair the costs can be significant.

In response to the concerns of householders, Defra announced in February that private sewers and lateral drains draining to the public sewer system should be transferred into the ownership of the nine statutory water and sewerage companies in England. Defra committed to a public consultation on how this transfer should happen, and on measures to prevent the proliferation of new private sewers and the recurrence of existing problems.

The consultation is published today at http://www.defra.gov.uk/corporate/consult/sewers-transfer/index.htm. It closes on 19 October 2007. The main options outlined are:

* Automatic overnight transfer from a set date: All private sewers transfer into the ownership of the water and sewerage companies from a set date. Those which do not drain by gravity would transfer at a later date. There is no requirement for owners to apply to have their sewers transferred, or for owners to carry out works to bring their sewers up to a standard.

* Automatic phased transfer from a set date: As above but phased over a period of time (10-30 years). Consideration would need to be given to how phasing is prioritised, for example whether those in worst condition are transferred first.

* On owners' application, without conditions: Owners would be required to apply to Water and Sewerage Companies for transfer of their sewers but would not be required to carry out any works on their sewers to bring them up to a standard.

* On owners' application, with conditions: Owners would have to apply to Water and Sewerage Companies for their sewers to be adopted and the sewers would have to be of a serviceable standard.

The consultation is also asking whether all new sewers should be built to a minimum standard in order to prevent the problems with private sewers re-occurring in the future, how this should be enforced, and whether they should automatically be adopted as public sewers.

Environment Minister Phil Woolas said:

"The current system places an unfair burden on those householders who are served by private sewers and lateral drains. They pay the same sewerage bills as those served only by public sewers but on top of that have to foot the bill for maintenance when things go wrong.

"We have already committed to putting an end to this discrepancy. The proposals published today consider how this should happen. There are significant environmental gains to be made, as well as offering peace of mind to householders."

Notes to editors

1. An extensive review of private sewers and drains in England and Wales began in 2001 in response to concerns from householders who, by default, own and are responsible for the sewer serving their property. Private sewers serve at least two properties, so are owned by two or more neighbours. Often, the majority of a sewer will run outside the boundary of the properties it serves. Lateral drains serve a single property but always lie outside its boundary, e.g. under a public highway.

2. The Government launched a public consultation in July 2003 to explore potential solutions. The Government's response to that consultation (2004) concluded that there was 'a clear case for action to be taken' and noted the high level of support among consultees for ownership of existing private sewers and lateral drains to be transferred to water and sewerage companies. More detail on the Review can be found at: http://www.defra.gov.uk/environment/water/industry/sewers/index.htm

3. The Government made a commitment to examine the option to transfer in more depth and Defra and the Welsh Assembly Government (WAG) carefully considered the case for transfer, assisted by a steering group comprising the economic regulator Ofwat, the industry body Water UK, the Consumer Council for Water (CCWater) and officials from Communities and Local Government (CLG) and local authorities.

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