Transfer of private drains and sewers

Transfer of private drains and sewers: when, why and how it will happen

On 15 December 2008, the Government announced that the ownership of private sewers and lateral drains (which connect to the public sewer system) would transfer to the 10 statutory water and sewerage companies, including Severn Trent Water, in October 2011. This will remove the burden of maintenance from homeowners and will allow for a more integrated approach to managing the sewerage network. There will inevitably be some challenges initially as Severn Trent Water take ownership of these assets.

If you haven’t been formally notified already then you should be very soon.

Why is the transfer taking place?

At present, owner/occupiers are usually responsible for the pipes that drain into public sewers, right to the point that it connects to those sewers. This can include assets that go beyond the boundary of their properties. Unless a problem occurs, householders are often unaware that they are responsible for repairs and on-going maintenance to these assets. Where problems do occur, the costs of repair can be high, and may lead to disputes between neighbours where responsibility is shared.

DEFRA is resolving these issues by transferring private drains and sewers into the ownership of water and sewerage companies. It has stated that transfer will bring a number of benefits:

• greater clarity over ownership;
• more effective management of the sewerage network; and
• removal of the burden of maintenance from householders by spreading the cost across water and sewerage companies’ customer bases.

How will responsibilities change?

Post-transfer

• All sewers transfer
• All laterals outside property boundaries transfer However,
• Home owners will remain responsible for the private drains within their boundary.

Private treatment works, septic tanks and drains (serving one property) within property boundaries and surface water drains are not included in the transfer.

When will the transfer take place?

The Regulations have been passed by Parliament and legal notices are being sent to all property owners. These regulations state that the transfer will take place overnight on 1 October 2011 and that privately owned pumping stations will transfer over a phased basis between 1 October 2011 and 1 October 2016.

Challenges the transfer presents

Many owners and occupiers are unaware that they have private sewers until those sewers fail, leaving them, in some cases, with major repair bills. The initial period after the transfer will, however, present some challenges.

Severn Trent Water’s asset base will significantly increase

Severn Trent Water had 54,000km of sewers and 3,100 pumping stations. After the transfer it will have an extra 37,000km of sewers and around 4,000 pumping stations to maintain.

They are also expecting significant increases in the number of calls they receive from customers and the blockages they’re called out to fix.

One of the key challenges it faces is that, whilst these assets will transfer overnight, they do not yet know the full extent of them, their location or what condition they are in. Following the transfer, there are likely to be flooding and pollution issues which will have to be resolved where the private systems do not operate properly today.

Costs of maintenance and repair will be shared

Severn Trent Water will incur additional costs as initial problems are resolved and these will be spread across all customers’ bills. The transfer means that rather than some owners/occupiers facing significant repair bills, the costs will be shared more generally across all users.

Having an understanding of where there are drainage problems

A number of estates suffer from private drainage problems. Such problems cause obvious distress to residents and one of the priorities in the run-up to, and following the transfer, will be to understand the scale and extent of repairs required. East Staffordshire Borough Council is liaising with Severn Trent Water to help it understand where other problems will need addressing post-transfer.

Who is responsible when drains or sewers block?

The Council is not responsible for maintaining drains and sewers. If you own your house you will normally be responsible for any underground pipework that takes foul water (sewage) from your property until it meets the public sewer owned by Severn Trent Water. If the pipework also takes foul water from other houses, the owners of these properties will share the responsibility.

If your house was built before October 1937 any underground pipework shared with neighbours may be the responsibility of Severn Trent Water.

What are Drains and Sewers?

• Drain: A single pipeline, which conveys foul sewage and/or surface water runoff from a single property. A drain is still a drain even if it goes past the boundary of your property until it joins a sewer.
• Sewer: A pipeline, which normally conveys foul sewage and/or surface water runoff from more than one property. Sewers may either be private or public.
• Public Sewer: a sewer, which has been adopted as a public sewer or was in use before 1 October 1937 and is therefore the responsibility of the statutory undertaker.
• Private Sewer: A sewer, which is not a public sewer. A private sewer is normally the responsibility of the owner/s of the property, which it serves. It may still be a private sewer under the public highway until it joins the public sewer.

How do I know if my drain is blocked?

If your drain is blocked you will usually know because your waste will stop going away when you flush the toilet, or gullies outside will overflow. There will also probably be a smell.

Why is my drain blocked?

• Drains may be blocked because they are in poor physical condition and normal contents are not being cleared.
• They may be in satisfactory condition but have been abused by flushing away disposable nappies, sanitary towels or other items such as condoms. Nappies and sanitary towels should be bagged; condoms should be wrapped in toilet tissue and all these items should be put into the wheeled bin.
• Excessive disposal of cooking fats and oils. This can coat the inside of the pipe or sewer reducing the flow and then causing it to block up. Fat should be left to cool, wrapped and placed in the wheelie bin whilst cooled oil should be returned to the bottle before being placed in the bin.
• Other domestic products and DIY materials such as plaster, can cause a blockage of the pipework and small quantities should be disposed of in the wheelie bin.
• Tree roots entering a broken drain can also be a problem.

Resolving a problem

If your house shares drainage and was built before October 1937, or you think that the problem is in the public sewer, contact Severn Trent Water on 0800 7834444.

If the problem is on your land then you are responsible for getting the blockage cleared.

If you don't think the problem is on your property or in the public sewer we recommend you speak to your neighbours to try to establish the extent of the problem. If some but not all of your neighbours have similar problems it is probably a blockage in the private sewer shared by affected houses. In this case you and your neighbours are responsible for getting the blockage cleared.

You can pay a specialist drain-clearing company to do this. Search for a 'Drain and Pipe Cleaning' contractors located in East Staffordshire on the websites such as Yellow Pages. Contractors will usually try to clear the blockage with a high-pressure water jet. In some circumstances they may use a video camera or other equipment to investigate the problem further.

If you are unable to agree with your neighbours you can contact the Housing Standards Team at East Staffordshire Borough Council on (01283) 508825. One of our officers may visit your property to establish the extent of the problem. If several houses use the blocked section of pipework we may serve a legal notice requiring the sewer to be unblocked. We may also arrange for the blockage to be cleared, in which case we can then charge the affected households for the cost of doing this. 

Rural Drainage

In many rural areas there are no main sewers and sewage has to be disposed of in other ways. There are various systems in use such as cess pits, septic tanks, and mini-treatment works.

What is a Septic Tank?

A septic tank treats domestic sewage and discharges either into a watercourse or into the ground. In septic tanks the solids in the sewage settle to the bottom and the relatively clear liquid that is left forms a layer of scum on its surface. Bacteria feed on this liquid and digest some of the matter in it. The liquid then either passes into another settlement tank before passing to a watercourse or is discharged underground through a network of pipes to filter through the soil. Septic tanks are capable of treating all of a household’s domestic sewage. However, the solids that build up at the bottom of the tank do need to be pumped out about once a year.

Who is responsible for maintaining the septic tank?

If the tank serves only your house then you alone are responsible for both maintaining and emptying the tank. If several houses share the tank then the responsibility, and cost, is normally shared between the owners. If you rent your house privately, either you or your landlord may be responsible. Your tenancy agreement should specify who is responsible.

What is a cesspit?

A cesspit is simply a sealed storage tank into which sewage is drained until it can be taken away by a tanker. The sewage is not treated in the tank. Older cesspits are usually cylindrical pits lined with either brick or concrete. Modern cesspits are made from fibreglass, steel or polyethylene. Current building regulations require cesspits to be able to hold at least 18,000 litres of sewage. It is estimated that each person produces 115 litres of sewage a day. For a family of four this means that the tank will need emptying about once a month.

Who is responsible for maintaining the cesspit?

As with septic tanks the owner is responsible for getting the tank emptied. If you find it requires emptying on an increasingly frequent basis this may be due to damage to the tank that is allowing ground water in. At the same time this could mean that sewage leaks outwards which could result in ESBC taking legal action to have the tank repaired or emptied.

Road Drains and Gullies

What should I do if the road drain is blocked?

Phone Staffordshire County Council on 0800 232323. However in times of very heavy rain road drainage gullies may not be able to cope for a short period. Only phone if the gully is blocked.

If you require any further information please contact:
Housing Standards Team
Tel: 01283 508680
Email: housing@eaststaffsbc.gov.uk