Adoption of Sewers (Home Improvement)

Part of the debate – in the House of Commons at 2:34 pm on 16 January 2015.

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Photo of Mark Pawsey Mark Pawsey Conservative, Rugby 2:34, 16 January 2015

It is a great pleasure to see you, Madam Deputy Speaker, in the Chair this afternoon and to see the Minister for farming, food and the marine environment, my hon. Friend George Eustice, at the Dispatch Box.

Many Members will be aware that new legislation was passed by this House in 2011 meaning that the ownership of private sewers and lateral drains was transferred to the 10 statutory water and sewerage companies. This welcome change, which had been sought over many years, came about in no small part as a result of the tireless work of my constituents, and particularly of Pam Brockway of the Woodlands Residents Association in Rugby. I drove through the estate this morning when I was dropping my daughter off at school, and I was reminded of the problems the estate had faced many years ago when the sewers, which had not been adopted by the water authority, failed. This resulted in great expense for many residents and led to the residents campaigning for many years for a change in the law.

The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 were eventually introduced. This was a victory for home owners as they were no longer liable for unexpected and often large Bills if anything went wrong with the private sewers on their land. They often did not know that they had responsibility for those sewers. When my constituent, Mrs Brockway, was faced with a £1,000 bill when her sewer collapsed, she decided to take action to bring about the much-needed change in the law.

Members of Parliament often get involved in matters brought to their attention by their constituents, and Mrs Brockway took the matter to the then MP for Rugby. It took 12 years, but the new legislation was eventually passed thanks to her determination, her industry and her refusal to give up, and thanks to the support of other residents, including Roy Barnes of the Woodlands Residents Association, along with the help of my predecessors, the former MP for what was then Rugby and Kenilworth, Andy King, and his successor, my right hon. and learned Friend Jeremy Wright. I pay tribute to all of them for their hard work. It is only right that in my opening remarks I should acknowledge the efforts of my constituents to get the law changed, because every home owner in the country owes them and all the other people who campaigned on this issue an enormous debt of gratitude.

I raise this matter today not with the intention of bringing about any changes to that hard-fought-for and much-welcomed legislation but to draw attention to the issues now being faced by many home owners when they seek to improve or extend their homes. They have to contact the water companies in these circumstances, and conflicting information is often given out. Also, the water companies often levy excessive charges against them when their proposed improvements extend over, or within 3 metres of, a sewer on their land. This is owing to the requirement for the home owner to apply for a building-over agreement.

Rugby is the fastest-growing town in the west midlands. It has double the rate of house building of that in the country as a whole, even before taking into account the sustainable urban extension of 6,200 new homes, whose development is just starting on the Rugby Radio site. I am very supportive of development; indeed, I am probably as pro-development as any MP in the House. I fully recognise the Government’s work to stimulate development through the adoption of the national planning policy framework, which has led to planning permission for 200,000 new homes being granted in the last 12 months. I also recognise the economic growth that arises from the building of new homes and the contribution to the economy that is made when people extend and improve existing homes.

I understand why the Government introduced legislation to simplify the planning system by allowing home owners to improve their properties, often without the need to apply for planning consent, although I do believe that there is a strong role for the planning system in preventing neighbour disputes. We are now in a situation in which the planning changes are making it simpler for home owners to extend their property, but the adoption of private sewers is pulling in the opposite direction. It is estimated that around 80% of home owners seeking to extend their property will need the consent of the relevant water authority, because the planned extension will go over or near what was formerly a private sewer.

There are important consequences of this situation. There have been examples of water companies refusing to give permission for home owners to extend their property owing to an expected repair to a sewer at some unknown point in the future. This has been known to happen after the planning application fees have been paid, which only adds to the great frustration of the home owners. In other instances home owners are being forced to absorb the cost of repairs to adopted sewers in order to gain permission from the water authorities, which can add significantly to the cost of improving their homes —conceivably, this can be more than the cost of the improvements themselves, when it will prevent a home owner from proceeding. The additional costs may prevent the home owner from adding value to their property through improvements, as may the costs of the works, where they exceed the value of the improvements. The home owner may, thus, not benefit from any added value.

There are six key points to consider. The first relates to the concerns over the legal requirement to obtain a building-over agreement. Different information is available from different water companies. Some distribute information stating that building-over agreements are a legal requirement for home owners looking to build on or near to a sewer when in fact they are not that. The second point relates to the excessive and divergent charges being levied by water companies—there is significant variation in those. The charges often include a map fee, which determines the presence of a sewer, an application fee and, in some instances, the cost of a CCTV examination of the sewer. Map fees can range from as little as £18 to as much as £60, and application fees can reach more than £500, adding to the significant bill for the home owner. I understand that in Wales the cost can prove even more excessive, as home owners are also required to amend the deeds of the property. Of course, the result of these little charges is that home owners may abandon their proposed works.

The third issue relates to variations in the amount of time the approval process can take. Although there is a set period of eight weeks within the planning system for routine planning applications to be decided—there is a requirement on the local authority to adhere to that—there is no such obligation on the water companies. In the absence of an agreed time limit, home owners often have to wait weeks, even months, before they know whether their improvements can commence.

The fourth issue relates to the cost of possible future repairs. I have alluded to instances where water companies are refusing to give their permission. I have been made aware of a number of cases where home owners are being forced to absorb the cost of repairs to adopted sewers in order to gain permission—the additional costs incurred can total several thousand pounds. The fifth issue relates to the fact that approximately 50% of sewers are currently not mapped by water companies. In some instances the home owners are being required to pay for the map, which can cause additional costs. There are no clear guidelines in a situation where no map is available, which can jeopardise any improvement project. The sixth issue relates to the permitted development rights that the Government have brought forward with the objective of cutting red tape. However, the requirement for permission from the water authorities is acting in the opposite direction and adding red tape, and results in additional costs and delay.

What can be done to remedy this situation? Despite the home improvements industry receiving assurances from the water companies that guidance would be issued, there is no industry-wide set of procedures and cost guidelines. I understand that the Government have previously declared their support for such a solution in guidance issued by the Department for Environment, Food and Rural Affairs, when it said it was doing work

“with a view to establishing a streamlined process for approval of building over (or close to) small, shallow sewers, which represent the Majority of transferred sewers.”

I, like many home owners, would very much welcome a move by all the water authorities to work together to adopt a set of guidelines to ensure that the system is transparent and that home owners have more protection. That could form a national code of conduct governing the process of securing a building-over agreement, and setting consistent costs for the application, map and CCTV fees. That would go a long way towards rationalising the application process, and would give a degree of practical certainty for home improvement projects.

Nobody is arguing that for a return to the pre-2011 situation, where householders were vulnerable to unexpected and often substantial bills to remedy faults in sewers they were not aware of or where potential liabilities would lead to the reduction in the value of properties and difficulties in achieving sales prices. My constituents have played such an important part in effecting change to that situation. This is a serious matter. The ability of a home owner to make improvements or extend is a key part of the aspiration of home ownership—an aspiration that this Government fully support. I look forward to hearing the Minister’s comments and the position of the Government in respect of reassuring home owners who are being subjected to uncertainty and additional costs when looking to improve their properties.

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