Legal Briefing

In a weekly column for the Star, solicitor Juliet PhillipsJames casts her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.

Q

I have recently bought a house and now wish to extend the rear of the property. Welsh Water have recently contacted me to advise that I may need to enter into a build over agreement as the works may be in close proximity to a public sewer. I am very confused as when I bought my property I am sure the solicitor advised me that there were no public sewers within the boundary of my property. How can I find out the exact position as I do not want to go to the additional expense of a build over agreement?

In 2011 regulations were established stating that all sewers on private land, shared with other properties and leading from the properties to the public sewers were adopted by the local water authority. Regrettably it will take some time before the records of the local water authority are updated, hence they may not have been revealed in your water and drainage search. In order to ascertain the exact position you will need to contact Welsh Water to come and undertake a survey of your drains and sewers. If it transpires they are public sewers then you will need to enter into a build over agreement with Welsh Water to effectively obtain their consent before the works commence. If Welsh Water agree to enter into a build over agreement you will need to instruct a solicitor to guide you through the process. Your solicitor will also need to notify your mortgage lender for approval (if you have a mortgage on the property). I would advise you to consult Welsh Water as a first step to clarify the exact position in relation to your drains and sewers and thereafter to consult with your solicitor to guide you through the process to ensure you do not encounter any problems following the build of your extension.

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Find more legal advice from Juliet Phillips-James at... www.walesonline.co.uk