Do I Need a Build Over Agreement with Thames Water?
When comes building extending property, many considerations take into. One those considerations whether need Build Over Agreement with Thames Water. In this blog post, we will explore the importance of such an agreement and when it is necessary.
What is a Build Over Agreement?
A build over agreement is a legal requirement that allows property owners to build over or close to underground water infrastructure, such as sewers and drains. Purpose this agreement ensure construction cause damage infrastructure provide access maintain repair infrastructure if needed.
When Do I Need a Build Over Agreement?
According to Thames Water, you will need a build over agreement if any part of your proposed building work is within 3 metres of a public sewer, or within 1 metre of a lateral drain. This ensure construction does compromise integrity sewer drain, allow future maintenance repair.
Case Study: Importance of a Build Over Agreement
In recent case, property owner proceeded building project without obtaining Build Over Agreement with Thames Water. During construction, public sewer damaged, leading Significant repair costs Disruption to local area. This could have been avoided if the property owner had obtained the necessary agreement beforehand.
How to Obtain a Build Over Agreement
To obtain Build Over Agreement with Thames Water, will need submit application detailing proposed work its proximity water infrastructure. Thames Water will then assess the application and provide the necessary agreement if the proposed work meets the required standards.
conclusion, important determine whether need Build Over Agreement with Thames Water undertaking building extension work property. Failure to obtain the necessary agreement can lead to costly repairs and disruptions. By following the guidelines set by Thames Water and obtaining the required agreement, you can ensure a smooth and hassle-free construction process.
| Benefits Build Over Agreement | Importance Compliance | Costs Non-Compliance |
|---|---|---|
| Prevents damage to water infrastructure | Ensures integrity of sewers and drains | Significant repair costs |
| Allows for future maintenance and repairs | Minimizes disruptions to the local area | Disruption to local area |
Do I Need a Build Over Agreement with Thames Water? – Legal FAQs
| Question | Answer |
|---|---|
| 1. What a Build Over Agreement with Thames Water? | A build over agreement is a legal document that allows you to build over or close to a public sewer owned by Thames Water. It ensures that the sewer remains accessible for maintenance and repairs. |
| 2. Do need Build Over Agreement with Thames Water? | Yes, if building work within 3 public sewer, will need Build Over Agreement with Thames Water. This is to comply with the Water Industry Act 1991. |
| 3. What happens if I don`t get a build over agreement? | If you build over or close to a public sewer without a build over agreement, Thames Water can require you to remove the building work at your own cost to access the sewer for maintenance. |
| 4. How do I apply for a build over agreement? | You apply Build Over Agreement with Thames Water online through website. You will need to provide details of your building work and pay an application fee. |
| 5. How long does it take to get a build over agreement? | The processing time for a build over agreement can vary, but it typically takes around 8-12 weeks. It`s important to apply well in advance of your building work to allow for this timeframe. |
| 6. What are the requirements for a build over agreement? | Thames Water will assess your application based on the impact of your building work on the public sewer. Will consider factors depth sewer, type building work, potential risks sewer. |
| 7. Can I appeal if my build over agreement is refused? | Yes, if Thames Water refuses your build over agreement, you have the right to appeal their decision. You can provide additional evidence or make changes to your building plans to address their concerns. |
| 8. Is there a fee for a build over agreement? | Yes, there application fee Build Over Agreement with Thames Water. Fee amount may depending nature complexity building work. |
| 9. What are the consequences of not having a build over agreement? | If proceed building work without Build Over Agreement with Thames Water discovers it, can require remove building work own expense. This can result in significant financial and legal consequences. |
| 10. Can I transfer a build over agreement to a new property owner? | Yes, Build Over Agreement with Thames Water transferred new property owner, subject their approval. You will need to notify Thames Water of the change in ownership and provide the necessary documentation. |
Build Over Agreement with Thames Water
As parties to this agreement, it is essential to understand the legal implications and requirements concerning the construction or alteration of any structure over or near Thames Water infrastructure. The following contract outlines the necessary terms and conditions to be adhered to in accordance with applicable laws and regulations.
| Build Over Agreement with Thames Water |
|---|
| This Build Over Agreement („Agreement“) is entered into on this [Date] by and between [Party A], hereinafter referred to as „Owner“, and Thames Water Utilities Limited, hereinafter referred to as „Thames Water“. |
| WHEREAS, the Owner intends to undertake construction or alteration works that may encroach upon or be in close proximity to Thames Water`s infrastructure; |
| AND WHEREAS, Thames Water requires compliance with certain conditions and obligations for the Owner to proceed with the proposed works; |
| NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the parties hereto agree as follows: |
The Owner acknowledges and agrees that any construction or alteration work over or near Thames Water infrastructure shall be subject to the terms and conditions set forth in this Agreement. Failure to comply with these terms may result in legal action by Thames Water.
Compliance with Regulations
The Owner shall obtain all necessary permits, consents, and approvals from Thames Water, local authorities, and other relevant bodies before commencing any work that may affect Thames Water infrastructure. Any failure to obtain such permissions may result in legal consequences.
Indemnification
The Owner agrees to indemnify and hold Thames Water harmless from any claims, damages, or liabilities arising from the construction or alteration work, including but not limited to any damage caused to Thames Water`s infrastructure.
Termination
This Agreement may be terminated by Thames Water at any time if the Owner fails to comply with the terms and conditions herein. In such an event, the Owner shall cease all work and take necessary action to remedy any non-compliance issues.
Governing Law
This Agreement shall be governed by the laws of England and Wales, and any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in England and Wales.
IN WITNESS WHEREOF, the parties hereto have executed this Build Over Agreement as of the date first written above.