Environmental Health Services - Pollution and Housing

A Guide to Drains and Sewers

When drains and sewers become blocked or repairs are required, there is often confusion about who has responsibility.

Definitions

Firstly, there is an important distinction between DRAINS and SEWERS.

1. a DRAIN is a pipe which carries effluent from one property

2. a SEWER is a pipe which carries effluent from more than one property

3. when two drains join, the pipe becomes a sewer

Who is responsible for defects?

1. Defective drains:

   Defective drains are the responsibility of the owners and/or occupiers of the premises that the drains serve.

2. Defective sewers:

Responsibility for defective sewers depends whether the sewer is private or public. Most sewers built before 1937 are 'public' sewers by virtue of the Public Health Act 1936 and the Water Act 1989.

Sewers built after 1937 may be either 'public', if they were officially adopted by Severn Trent Water, or 'private' if they were not adopted.

Private sewers usually join the public sewerage system. However, in some cases private sewers may extend some way beyond any individual property and serve a large number of other properties before joining the public sewerage system.

Repair and maintenance, including the clearance of blockages, of a private sewer is the joint responsibility of all those that have use of that sewer. If you are connected to a private sewer, you may be responsible for costs of rectifying defects even if the defect is not physically on your property.

Charges

All properties that eventually drain to a public sewer and sewage treatment works will be subject to charges levied by the Sewerage Undertaker, Severn Trent Water even if they are served by a private sewer initially.

Why does the Council become involved?

If a defect occurs in a drain or private sewer and the defect is not rectified, the Council has powers to take action to insist that blockages are cleared and repairs are made to prevent conditions prejudicial to health arising.

This may include the service of legal Notices and carrying out work in default if work detailed in a Notice is not carried out. Cost of work in default plus administration charges can then be recovered from the households affected.

This leaflet has set out some of the issues, which often arise concerning drains and sewers. If you are unclear as to who has responsibility for drains and sewers in your area, further information is available from the contact points, which are listed below.

For further information, contact -

Shrewsbury & Atcham Borough Council, Environmental Health Section, for advice on dealing with defective drains and private sewers (01743-281 000).

Severn Trent Water for defective public sewers (0800-783 4444).

Or, your solicitor for advice on legal aspects of drains and sewers.