INFORMATION ON DRAINAGE LAW IN PRIVATE DWELLINGS
This leaflet has been compiled to help explain your responsibilities if you have problems with the
drainage from your dwelling. The information aims to offer advice which is correct in most
situations. Further advice is available from the Private Housing Team Tel: (01509) 634938 or by
emailing private.housing@charnwood.gov.uk
Please Note
It would appear that the drain / public / private sewer serving your property is defective.(see over)
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If after reading the information below you wish to discuss this matter further, please contact the
Private Housing Team Tel: (01509) 634938.
DRAINAGE SYSTEMS
The drainage system of a dwelling is made up of two different types of pipe-work, drains and sewers.
1.
2.
A “DRAIN”. This a pipe which only takes waste from one dwelling.
If you have a blockage or defect on a ‘drain’ associated with your property the owner or
occupier will usually be responsible for the costs of unblocking or repairs regardless of when
the property was built.
A “SEWER”. This is a pipe which takes waste from more than one dwelling, usually
neighbours etc. Sewers can be called public sewers or private sewers.
It is worth noting that you can be responsible for drainage defects or blockages which
are not within your property boundary (see plan overleaf).
Public Sewers
The Public Health Act 1936 states that the Local Water Authority is responsible for the maintenance
and repair of shared drainage systems installed before October 1937. These drainage systems are
called ‘public sewers’ and are usually maintained by the Local Water Authority (now Severn Trent
Water). Blockages on public sewers should be reported to Severn Trent Water on Freephone 0800
7834444.
Private Sewers
If your property was built after October 1937 (which is when the 1936 Act came into force) and its
drainage is shared with at least one neighbouring property the drainage is called a ‘private sewer’.
When a blockage or defect occurs on a private sewer, the owners or occupiers of properties
upstream of the blockage or defect, are equally responsible for unblocking the sewer or putting the
defect right, at their own expense.
The costs of any work should be divided equally between the responsible households. Private
drainage contractors can be contacted via the Yellow Pages or the Council operates a commercial
cleansing service, which can be contacted on (01509) 634897.
THE DOMESTIC DRAINAGE SYSTEM.
(PROPERTIES BUILT AFTER OCTOBER 1937)
IF A BLOCKAGE / DEFECT OCCURS ON A “PRIVATE SEWER,” LIASE WITH NEIGHBOURS UPSTREAM OF
THE BLOCKAGE AND ARRANGE FOR A DRAIN CLEARANCE CONTRACTOR TO UNBLOCK AND FOR
THE COST TO BE SPLIT EQUALLY.
“PRIVATE DRAIN”
2
SHARED “PRIVATE SEWER”
A
4
6
B
8
10
“PRIVATE DRAIN”
“PUBLIC SEWER”
IF A BLOCKAGE / DEFECT OCCURS ON A “PRIVATE DRAIN” IT IS YOUR RESPONSIBILITY TO
UNBLOCK EITHER BY D.I.Y RODDING OR ENGAGING A DRAIN CLEARANCE CONTRACTOR AT
YOUR OWN EXPENSE.
Looking at the diagram above;
1. A blockage in the “private drain”
one property.
, is the sole responsibility of the occupier of that
2. A blockage in the “private sewer”
, at point ‘A’ would be the equal responsibility of
the occupiers of properties 2 & 4 and any cost involved should be equally shared.
3. A blockage in the “private sewer”
, occurring at or beyond point ‘B’ would be the
responsibility of properties 2, 4, 6 & 8 and any cost involved should be equally shared.
4. It is unlikely that the public sewer becomes blocked, but if you have knowledge or a suspicion
that it might be Severn Trent Water Ltd should be contacted on 0800 7834444.
As a rule of thumb;
It could be said that all properties ‘upstream’ of the obstruction causing the blockage or the defects
should contribute equally to the cost of clearing the blockage.
THE COUNCIL’S ROLE
The role of the local authority in situations where a blockage or defect occurs on a private sewer is
to protect public health. If the responsible person is not prepared to take action to ensure the
sewer/drain operates properly, a legal notice will be served requiring work to be completed within a
specified period of time. These powers are contained in the Local Government (Miscellaneous
Provisions) Act 1976 (unblocking private sewers) and the Building Act 1984 (requiring action to
remedy defective drainage or drainage which is prejudicial to health or a nuisance). Should the
individual on whom the notice has been served fail to comply with its requirements within the time
specified, the Council will act to carry out the work in default. The costs of such works plus an
administrative charge will always be recharged to the owners or occupiers. Failure to maintain a
private sewer or drain can also lead to legal action being taken by the Council against all responsible
persons.
DRAINAGE RESPONSIBILITIES CONTACT LIST
Public Sewers
Severn Trent Water Ltd
0800 7834444
Private Sewers & Drains
Private Housing Section –
Charnwood Borough Council
01509 634937
Council Owned Sewers &
Drains
Building Maintenance –
Charnwood Borough Council
01509 634567
Inspection of new/altered
Drainage
Building Control –
Charnwood Borough Council
01509 634979
Highway flooding inc blocked
gullies (surface water)
All Areas in Charnwood
Leicestershire County Council
01509 622111
Roadline
All Areas in Charnwood
Leicestershire County Council
0800 626203
Cesspool/Septic Tank emptying Cleansing Section –
service (contracts or one offs) Charnwood Borough Council
01509 634715 / 634698
Charnwood BC operates an unblocking service using physical rodding only (not water under
pressure). This service is recharged to the public at £80.50 for the first 2 hours on site rising to
£103.50 after 4.00 pm (prices may be subject to change but are correct at February 2006).
Charnwood BC Tel 01509 634897
Works Division, Limehurst Depot
Loughborough
Leics
LE11 1PH
Or see the Yellow Pages under Drain & Pipe Cleaning.
GLOSSARY OF DRAINAGE TERMS
CCTV Survey
A closed circuit television survey is used to diagnose defects and faults in underlying sewer and drain
pipes. A small motorised and waterproof camera is introduced into a drainage system usually via an
inspection chamber and a video recording of the pipes condition is taken.
Most drain clearance companies offer this service and provide a written report and video tape. This
evidence is essential in pinpointing defects to minimise excavation work.
Note: Insurance companies usually insist on this type of survey to substantiate a claim you may make
against your home insurance policy.
Cesspool / Cesspit
A covered tank usually below ground for storing sewage. This vessel needs regularly emptying as the
system is not subject to bacterial decomposition. Properties not easily connected to the Public
sewer have historically used this system but septic tanks are now preferred as cesspool emptying
costs have risen.
Combined Sewer
A sewer accepting both foul and storm water.
Foul Sewer
A sewer which only accepts foul water(dirty water).
Inspection Chamber
A shaft leading to a chamber with a removable cover ( usually concrete or metal ) over a sewer or a
drain. This chamber allows for visual inspection and a point to insert rods in the event of a blockage.
Jetting
This refers to a blockage being cleared by water jetted under great pressure into the affected pipe
from a hose reel attached usually to a compressor mounted on a vehicle.
Rodding Eye
A vertical pipe with a curved junction below ground with a drain or sewer . A small oval cover is
provided at ground level to facilitate entry of rods in the event of a blockage.
Septic Tank
A tank usually below ground for containing sewage to be decomposed by anaerobic bacteria. This
system is normally adopted by properties that are not easily connected to the Public sewer.
Storm Sewer
A sewer which only accepts storm water (rain water).
To arrange for an explanation of any part of this document in your language or to receive a copy in
Braille, on audio tape or large print please call 01509 634567