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Retrospective Build Over Sewer Agreements

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  • Retrospective Build Over Sewer Agreements

    We are buying a house that had an extension (with planning permission) in the early 1980s, and the drainage search has revealed a public sewer runs under where the extension is and no build over agreement was put in place. There is a manhole in front of the extension so access should not be too bad (though no manhole to the rear of the extension). Our solicitor is confirming the situation with the vendor's solicitor but it is taking ages to get anywhere now. Please can anyone offer advice on the questions I have?

    1) When were build over agreements introduced? What happens if the extension pre-dates this, is it exempt?

    2) Does anyone know if Yorkshire Water would be willing to carry out retrospective build over agreements? I know not all water authorities do, and also realise it can take many months to resolve.

    3) There is indemnity insurance to cover this situation, provided Yorkshire Water don't find out the specifics, but does anyone know if there is a policy that covers both the lender and buyer in full, for the life of the house and not just for 10 years? Also covering potential loss of house value due to losing extension? May be expensive but vendor would be paying.

    4) If the water authority do find out and refuse permission, what happens? The house itself and the house next door are still within the 3 metres of the sewer pipe, even though it's just the extension directly over it. Would they start demanding houses be taken down, or extensions, or would they just leave it open for as and when a problem came up and leave the owner to foot the bill?

    Thanks for any advice that can be offered here, we're in a really bad position at the moment.

  • #2
    Re: Retrospective Build Over Sewer Agreements

    I have seen your message and it seems very similar to our current circumstance. We are purchasing a property in Dewsbury and are having the exact same problem. Please can you let me know the outcome (if any!) of your situation?