Drainage and sewers

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What are drains and sewers?

Drains are single pipelines which convey foul sewage and/or surface water run-off from a single property. A drain is still a drain even if it goes past the boundary of your property and remains so until it joins a sewer.

Sewers are pipelines which normally convey foul sewage and/or surface water run-off from more than one property. Sewers may be either private or public sewers.

What are public and private sewers?

Public sewers are generally the larger sewers that run under the roads. These are the responsibilities of Wessex Water plc and part of your water charges pays for the unblocking and upkeep of these sewers and the associated sewage treatment works.

If the sewer which services your house was built before 1937 it will also be public unless you have made any alterations to it.

All other sewers built after 1937 are termed private unless they have been specifically ‘adopted’ by the water company.

Private sewers and drains which connect your property to the public sewer belong to you as the householder, or your landlord if you are a tenant. You are responsible for their maintenance and repair, just as you are for your house.

Your water provider (statutory water undertakers)

This will depend upon where you live in Wiltshire, but will be either :

• Wessex Water
• Thames Water
• Southern Water

Who is responsible?

• Section A-C is the responsibility of Property 1
• Section B-C is the responsibility of Property 2
• Section D-E is the responsibility of Property 3
• Section H-F is the responsibility of Property 4
• Section I-J is the responsibility of Property 5
• Section C-E is the responsibility of Properties 1 and 2
• Section E-F is the responsibility of Properties 1, 2 and 3
• Section F-G is the responsibility of Properties 1, 2, 3 and 4
• Section K-L is the responsibility of the water company

When the Council may become involved

Private households being served by a drain and/or private sewers are unable or unwilling to resolve a problem. In these cases we may serve a statutory notice on each householder concerned requiring the work to be carried out within a specified timescale. Should the notices not be complied with then the council may carry out the work in default and charge the householders concerned including an amount for administration.

Should access to a property to investigate the problem not be possible or be denied then the Council may enter the property at any reasonable time to assess the extent of the problem.

The Council has a number of options for service of notice in respect of private drains and sewers using the Public Health Acts, The Building Act and other provisions. However, legal action may be complicated and can involve additional expense and delay. Such action should not become necessary where owners are aware of their shared ownership and clearance and repair will be cheaper and quicker if they agree to have the works carried out and share the cost equally amongst themselves.

If you have any queries concerning private drains or sewers then please contact the Housing and Pollution team in the Environmental Health Department.

Any queries concerning public sewers should in the first instance be addressed to your water provider (statutory water undertaker).

The responsibility for drains and sewers changed on 1 October 2011

The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 came into force on the 1 October 2011 when the Law and the responsibility for sewers and drains changed.

From 1 October 2011 individual householders are only responsible for the drain serving the property up to the boundary of the property. Beyond that point, the responsibility rests with the sewage undertaker.

Exceptions to this rule will include:
Properties served by a private pumping station	Where the sewage is pumped to the public sewer the pumping station and rising main will remain the responsibility of all the properties having use of it, until at latest 1 October 2016
Properties not served by a public sewer	If your property is served by a cesspool, septic tank or other package treatment plant the responsibility will remain with all those properties having the use of it.
Properties where the sewer or drain is owned by a railway undertaker or where the sewer or drain lies within Crown Land	In the case of Crown Land the relevant Government Department must have made a declaration that it does not want the legislation to apply to particular land.  It is anticipated that this will apply to land occupied by the Armed Forces.

What should I do if my sewer or drain is blocked?

Where is the location of the blockage?	What action should I take?
If the blockage or fault only affects your drain and is within the boundary of the property it is your responsibility.	Contact a reputable plumber or drainage company.
If the blockage affects more than one property or is outside of your property boundary.	Contact your water company; even if you think one of the exemptions apply. The water company will either investigate and clear the blockage or advise you if it believes the sewer or drain is not their responsibility.

Last updated: 31 October 2011