Section 104 Drainage agreements and Build Over agreements

S104 agreements concern the maintenance of sewers contained within a new development by the local water company at the Sewerage Authorities’ expense. The agreement allows for a drainage system to implemented. The process is governed by strict regulations, such as the requirement to conduct flood risk assessments, with significant cost implications. Therefore, it is worth seeking expert advice before applying.

A build over agreement secures approval from the relevant water company for building work carried out over or near an existing public sewer. The agreement confirms that sufficient clearance and access has been provided for maintenance and repair of the sewer and provides assurances to this effect for any future owners of the property.