If the building permit is not available, the municipality is entitled to the examination and, if the work does not comply with the building rules, a notice is issued in accordance with section 36 of the Construction Act 1984 (BA 1984), which requires the owner of the house (who may not be the same person in charge of the construction) to rectify it or, if this was not possible, to return it to its former state. Failure to comply with a 1984 BA, s 36 notification is a criminal offence and could lead to the prosecution of the homeowner, as well as paying the fee for correcting the infringement by the local authority. A construction agreement allows the water company to ensure that the work to be carried out will not adversely affect the underlying sewers and ensures that the water company continues to have sufficient access to the canal for repair and maintenance. If you plan to build nearby or via a public sewer, you should contact the water company before carrying out the work to determine its needs. In accordance with Part H4 of Schedule 1 of the 2010 Construction Code, SI 2010/2214, the agreement of the wastewater distributor is required for construction by public sewers. These are both dirt and surface water sewers. If a public sewer works underground, the homeowner cannot build on or within three metres of the sewer line without the consent of the wastewater collector. This consent is the Build Over Agreement. Consent is required before work begins and may be refused. It is certainly worth considering other options before submitting an application, such as: Avoiding sewers by modifying the plans – Divergence of sewers If the alternatives are considered, the only option is to ask the water company for a construction agreement, then an application should be made. Every water company has to go through different processes and bear different costs. The other possibility is that the seller will provide the buyer with compensation insurance to protect against financial losses resulting from the construction of the property through a public sewer. It is the fastest and cheapest option, but whether or not insurance is available depends on the circumstances of each case.

Sometimes problems arise when owners try to sell their property, which is built in part or entirely through a public channel. Conservatories and extensions are the usual criminals. If a Build Over Agreement was not obtained when the work was done, then the water company has the legal right to enter the land to reach the canal, even if that means demolishing the building above the canal. However, if possible, the water company will avoid the damage and look for other ways to enter the sewers, but the risk remains. If a construction agreement has been reached, the water company has no right to remove or demolish the structure above the sewers. If you are eligible for a self-certified agreement, simply complete the online questionnaire and start your work immediately (provided your work conforms to the description you gave in the online questionnaire). A self-certified agreement is free. If you plan to build within 3 meters or via a public sewer, a construction agreement is required.