Getting to grips with your drainage system and how it connects (or doesn’t) to other properties is important. It’s especially important to know, from a legal perspective, who is responsible for shared drains.

That’s the focus of this piece here at Express Drainage Surveys. We want to help you understand the law on shared drains and how it impacts all parties.

Understanding drainage systems 

Part of knowing the law around shared drains is understanding the different drainage systems that exist here in the UK. Here are the common types to understand:

• Shared drains: A shared drain is any part of a system that is used by more than one property. It is usually a portion of the system that connects the wastewater flow from several properties before it enters the main sewer. These are more common for semi-detached houses, terraced houses or where properties are in close proximity.
• Private drains: These are drains that exist on a single property, within its boundary, and don’t connect with anyone else’s drains. The owners are responsible for maintaining and repairing private drains on their property.
  
• Lateral drains: These are the sections of drains that exist outside of a property’s boundary, connecting private or shared drains to the public sewer system. It is up to the local water company to take responsibility for these drain sections.
  
• Public sewers: This is where wastewater is collected from multiple properties and is managed by local water authorities.

What legal framework governs shared drains?

From a legal perspective, it’s good to know where you stand if you do have any shared drains that your property uses. The Water Industry Act in 1991 set out who was responsible for water and sewer services, separating what property owners and water companies needed to take care of.

Eventually, the Private Sewers Transfer Regulations came about in 2011, which meant that the government officially transferred responsibility for many shared drains and lateral drains into the hands of water companies. This was done to alleviate a lot of headaches and burdens that property owners found and created disputes between neighbours.

While many homeowners won’t have been aware of this change, it came as a relief to anyone who had run into trouble with shared drains and couldn’t establish who should be taking action.

Determining responsibility for shared drains

As we’ve mentioned, shared drains are largely now the responsibility of water companies and authorities, but here is a breakdown of property types and who is responsible to help clarify things:

• Detached homes: Drains on your property boundary, used only by your property are your responsibility. Once the system goes outside your boundary – such as lateral drains – it becomes the responsibility of the water company.
  
• Semi-detached and terraced homes: Because they’re closer together, these properties are more likely to share parts of their drainage system. These portions of the drainage system that serve both properties are now the responsibility of the water company, leaving the homeowner only needing to take care of the drains on their individual property.
  
• Flats and apartments: It is often the case that the management company in charge of the building is the one to deal with any drainage system issues within the boundary of the complex. Outside the boundary of flat and apartment buildings, the drains fall under the responsibility of the water company.

How can I identify a shared drain?

Identifying a shared drain is not always easy, but there are a few options available to you:

1. Check your property deeds and the drainage layout plans.
2. Ask your local water company if they have detailed maps of the drains in your area.
3. See if you can establish where drains are laid out and connected visually (you will need permission from neighbours if you wish to be on their property).

The role of water companies in shared drains

Your local water company in your area is obligated to maintain and repair the shared drains, along with the public sewers. If you believe that there is an issue with shared drains that your property uses, make sure you report it to the local water company and ask how long you can expect to wait for the problem to be dealt with.

The cost of any work will fall to the water company, as they are legally responsible for those drains to be maintained.

The role of homeowners in shared drains

As a homeowner, you should be responsible for maintaining your own private drains that fall within your property boundary – this may involve hiring a local drainage professional to engage their specialist services. At Express Drainage Services, we’re always happy to help both homeowners and businesses maintain their private drains. Keep your drains free from blockages and damage and not only will your property benefit, but you’re unlikely then to impact any other element of the system for your neighbours.

If you have a shared drain, and it has any issues, report it immediately to the local water company.

How to resolve disputes over shared drains

There shouldn’t be any need for disputes over the responsibility of shared drains with your neighbours, since they now fall to water companies. However, it’s always good to maintain relations with your neighbours, which is why any drainage issues should be discussed calmly and politely. Avoid pointing the blame and, if confronted about issues in shared drains yourself by a neighbour, stay calm and point them to the local water authority to resolve the issue.

The role of CCTV drain surveys in shared drains

CCTV drain surveys are a really simple way to establish the layout of drains on your property, where they are shared by other properties and where they connect to the main sewer system. This means that they can easily identify shared drains if you’re unsure.

This is also a great way to establish where any drainage issues lie within a system, since it’s often hard to pinpoint from above ground! You can then figure out whether any repairs or further inspections fall within your responsibilities as the property owner or not.

To learn more about our drainage services or to book your CCTV drain survey with our expert team, contact us today and we’ll be on hand with the latest technology to get to the bottom of things.