The council has statutory powers to require drains and private sewers to be cleared and if necessary can enforce the required work at the expense of the owner(s). This action is taken by the housing and environmental health service.
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The pipe that exits your house is called a drain. If this drain then joins a drain from another property, the pipe becomes a sewer from that joint onwards.
On private premises the owner is responsible for their own drains up to their connection with drainage from another property - even though that connection may be under the road or under neighbouring property. Ownership of drains does not stop at property boundaries. If an owner is unable to clear a drain by their own efforts then they need to call in a drain cleaning company. These can often be found through their adverts and listings in business telephone and internet directories.
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Where council houses have been sold, the current owner is usually responsible for looking after the house drains, up to where they connect with drainage from another premises. From that junction onwards responsibility may rest with the owners and/or the councils homes. Call your local borough council if there is any uncertainty.
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In rented properties the landlord has overall responsibility for arranging clearance, but it is reasonable for tenants to carry out simple tasks like keeping gulley gratings free from leaves and not letting food wastes, fat or oil get into the drain.
When a drain serving one property joins with a drain from another property, the shared pipe is known in law as a sewer. Where the premises were built before 1 October 1937 the sewer is nearly always a public sewer. Those built after that date are usually private sewers.
Responsibilities for unblocking or repairing problem sections of foul sewage systems depend upon whether or not the sewer is classed as private or public. However this is not always easy to determine.
Private sewers (ie built after 1937) are maintained jointly by the owners of the properties which they serve. So the owner of a post-1937 property would be wholly responsible for their own drain and, if that drain does not connect directly to a public sewer (probably the main sewer under the road), they would share a further responsibilty with other owners for a private sewer, up to its connection onto the public sewer.
Each owner is only responsible for sharing the maintenance of the private sewer downstream of their connection into it. So a blockage at the downstream end of a private sewer serving a terrace of houses should be cleared and paid for jointly by all of the owners, while a blockage at the upstream end would fall only to the two owners at that end. If the owners cannot clear the blockage themselves then they need to call in a drain cleaning company.
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Drains & Sewers - What is a public sewer ?
A public sewer is a sewer that is the responsibility of the local water undertaker. In the London region, Thames Water is the water undertaker.
All sewers installed prior to October 1937 are the responsibility of Thames Water. Where a sewer has been installed after October 1937 this is owned by the private owner. An application for adoption must be made and agreed with the water undertaker for the sewer to become a public sewer.
Here is a link directly to the main Thames Water web site. This sire helps you in relation to your new development. The two main fields Thames Water cover is water services and wastewater services.
After planning consent building over or near existing manholes or public sewers can be an issue, as Thames water need approval of any future works being carried out on your build.
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