“But you’re a firm of solicitors, what has a water main got to do with Nantes?” – I hear you ask…
You’re planning your barn conversion, extension or development and need a supply of running water. The nearest supply is perhaps outside your boundary, in private or public land. This might mean crossing another person’s land in order to supply your development. You may find that such landowners will attempt to charge vast sums of money to allow you to have a pipe across their land effectively holding you to ransom. If this is a situation you have found yourself in, congratulations! you’re in the right place!
How can you proceed?
Water Companies and Sewage Companies have a statutory power to enter land to lay pipes and alter existing pipes under the Water Industry Act 1991.
In order to gain entry to land, water authorities must serve either a Section 159 Notice with 3 months’ notice to lay new pipes or a Section 159 Notice with 42 days’ notice to alter existing pipes. In the event of an emergency, no notice needs to be given. The Water Company will provide compensation for damage caused which may well be recovered from you as the applicant.
Connecting to a water main
Different rules govern connecting to a water main, depending on whether the water supply is for domestic or non-domestic purposes
Domestic premises & purposes
Section 45 Water Industry Act 1991 imposes a duty on the Water Company (subject to certain conditions) to supply water mains if requested to domestic premises. This means you have a right to a connection and the Water Company are obliged to make this happen.
Do bear in mind, your Water Company is entitled to recover the reasonable costs of making the connection, including the cost of laying a service pipe from the main to the boundary of the public highway (Either party may refer a dispute about the reasonable costs to OfWat). It is of course advisable to look at the costs of laying your own pipework or finding a contractor to do this for you and the Water Company may apply certain conditions before it will make the connection. For example, it may require a deposit for the work and it will require the pipework and fittings for which you are responsible to be installed to appropriate standards.
Domestic purposes include:
- washing – washing machines, dishwashers
- cooking
- sanitary facilities – toilets, bathrooms, showers
Non-domestic purposes
A household could also ask for a supply for non-domestic purposes if the customer wanted a separate water connection from the water main, for example:
- a swimming pool
- a garden tap
Costs would be recoverable from the water company as stated above.
Non-Domestic premises & purposes
As well as a prescribed right to a connection to a domestic dwelling, Section 55 provides a requirement of the Water Company to supply water mains if requested to non-domestic premises too. In much the same way as described above this also allows for you to get a connection to your garden office, your paddock, small holding or business.
In summary, you have a right to a new water connection and the Water Company are obliged to make it happen (subject to the practicality of course). If a landowner does not permit them to cross their land in order to provide you with such a connection, the Water Company may use their statutory powers to carry out the works regardless. The landowner will be compensated for the work across their land but are not able to block your access to clean water.
If you’re needing advice on this particular matter or other legal aspects of your development, please get in touch for a quick and free consultation to see how we might be able to help get your project running smoothly.
