Householder Drain & Sewer Responsibilities

Drainage - Responsibilities:

The laws relating to sewers and drains are extremely complex, and as a result, this FAQ is designed purely as a guideline on who to contact as a general rule. Resolving problems relating to drains and sewers can be time consuming as it is not always apparent precisely what is the cause of the problem, although the use of CCTV can aid this process.

There is however one important factor that will reduce the number of blockages that occur in the first place and this is taking care of what items are actually pushed, poured or flushed down a drain or sewer. The following items should never be put down a drain.
Cement, rubble, concrete, stones, engine oil, chemicals, fats, newspapers, magazines, nappies, sanitary products and other bulky items.

Owner Occupiers.
The owner of a private property is responsible for their own drains within the curtilage (boundary) of their property. However this can become complex where these drains connect into a private sewer serving more than one property. Where this is the case, all the properties above the blockage that connect into this private sewer, will be jointly responsible for sharing the cost of resolving the problem. If as a house owner you are unaware as to whether you are on a private drain or sewer, then you should check with either your Local Water Authority or the Environmental Health Department prior to calling out a contractor.

The example shown below may help to clarify this situation:

In the above diagram:
if a blockage occurs at "A", clearing it will be the responsibility of the Water Authority because of the age of the property.
If a blockage occurs at "B", clearing it will the responsibility of the owners of numbers 7 even though it is in the garden of number 9.
If a blockage occurs at "C", clearing it will the responsibility of the owners of numbers 7 & 9 even though it is in the garden of number 9.
If a blockage occurs at "D", clearing it will the responsibility of the owners of numbers 7,9 & 11 even though it is in the garden of number 11.

The Main Sewer.
This is generally the responsibility of the sewerage undertaker, normally your local water authority. Should you encounter any problems with the main public sewer or drains, then in the first instance you should contact your local water authority and ask to speak to a Waste Water Network Engineer.

Highways Gulleys.
These are designed to take the surface water from roads and backstreets. They are not designed to take foul water. Any problems relating to these drains i.e. that they are blocked, overflowing or giving off odours, should be reported to the Highways Department at your Local Council Offices or Town Hall.

Council Houses.
The sewers and drains which serve a Council House are under the control of the Borough Council and any problems relating to these properties should be referred to your local housing office for further advice.

Ex Council Houses - Sold under the Right To Buy
The general rule of thumb relating to these is similar to that of the owner occupier. The owner is responsible for their own private drain within the curtilage of their property until it connects into either a private or public sewer. Once it connects into a public sewer, North West Water will be the point of contact for any blockages. If you are unaware as to whether you connect into a private or public sewer you should check with the relevant housing office first.
If it connects to a private sewer then all the properties that connect to this who are above the blockage will be equally responsible for the cost of resolving the problem. However, if one or more of the properties affected are still council owned properties, then the council may be responsible for clearing the blockage and you should contact the appropriate housing office. Please note that if all the properties on the private sewer are now privately owned, then the Council has no further responsibility to maintain the sewer or drain, it is down to the house owners. Should you have any queries over these issues, then you should contact the relevant housing office for clarification. If you are unaware as to whether all the houses on your block have been sold off or not, you will again need to contact your local housing office for clarification on this subject.

Properties connected to a Cesspit, Septic Tank, or a Private Sewage Treatment Plant.
These are private drainage systems and as such the responsibility for such systems fall entirely on the householder(s), and are not the responsibility of either the Water Authority nor the Council. The maintenance of these systems and the emptying of them are entirely down to the householder(s). However it may be the case that one such system serves more than one property. Where this is the case, each householder is responsible for his or her own drains until the point where it connects into a common part of the system. Any works or maintenance that are required to these common parts are the joint responsibility of all householders served by the system.

What happens if I don't clear the blockage or carry out repairs?
Your Local or Borough Council has various Public Health powers under several Acts of Parliament which enable it to require, by formal legal notice, the clearance of any blockage or the undertaking of any necessary repair works. Failure to comply with formal legal notices is an offence and can lead to prosecution. The works may be carried out by the Council in default and the costs recovered from those responsible.

The following information summarises your rights and obligations as a tenant or home owner:

How the law affects you:
It is important to understand the different classifications of pipework. Responsibilities are different with each type of pipe.

"Drain" carries waste and/or surface water directly from one house into a public or private sewer.

"Sewer" carries waste water and or surface water from two or more houses.

"Private Sewer" carries waste water and or surface water from two or more houses which are built after 1 October 1937, and will eventually join with a public sewer.

"Public Sewer" carries waste water from two or more properties built before 1 October 1937 (with some exclusions) or sewer adopted by the sewerage undertaker (normally your local Water Authority), usually under the highway.

Your responsibilities:

Drain:
If you own a house you are responsible to clear and repair the drains, gutters and rain water pipes.
If you are a tenant the landlord is responsible, but depending on your tenancy agreement, the landlord may pass on the costs to you.

Private Sewer:
The owners of all the houses using the private sewer are jointly responsible to clear and repair it. When there is a blockage or break, the owners of the houses using the pipes up to this point are responsible to clear and repair it. Downstream of the problems, owners of houses are not responsible because their waste does not flow into the pipe at the point of the problem.

Public Sewer:
The Sewerage Undertaker (normally your local water Authority) is responsible to clear and repair all public sewers.
If owners of houses fail to meet their responsibilities, the Environmental Health Service may serve a statutory notice to ensure that the necessary work is carried out. If the work is not carried out, the Council will carry out the works. All costs incurred in carrying out the work plus an administration charge will be recharged to the persons responsible.

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