DRAINAGE FAQs

Q. I have a blocked drain, what should I do?
Contact South West Water to find out if the sewer is owned by them.  If it is they will arrange to unblock it.

Q. My drains are always blocking up.  What should I do?
When your drain next blocks up you should contact us using the details at the top of this page and ask us to help investigate the problem.  This will not mean that we will sort out the problem but we may be able to identify the problem and advise on preventing it.

Q. Why have I received a Notice to unblock or repair a drain?
Because your property is, or is believed to be, drained by a blocked drain.

Q. But my toilet flushes and the sinks drain so it can't be my problem, can it?
You would feel differently if your yard was flooded with your neighbours' sewage.

Q. Shouldn't it be South West Water's responsibility?
No. South West Water maintain the public sewers. This is a drain.

Q. So what do I pay sewerage charges for?
Sewerage charges are paid to South West Water to provide and maintain the public sewers and run the sewage treatment works.

Q. Shouldn't it be the Council's responsibility then?
The Council doesn't own any drains except those which drain it's own buildings. It does, however, have a duty to ensure that blocked or defective private drains are unblocked or repaired, by serving Notices on the owners or occupiers when necessary.

Q. So what do I pay Council Tax for?
Partly to help fund the District Council's many functions, which include administering drainage laws, but not to pay for repairs to private property. About 82% of Council Tax goes to the County Council to pay for education, social services, highways, police, fire and other services and an average of 5% goes to Parish Councils. The leaflet enclosed with your Council Tax bill gives more details.

Q. But I haven't done anything which could block or damage the drain so it can't be my fault, can it?
It is not a question of fault but of liability.

Q. Why don't my deeds mention any liability for drains?
Deeds normally mention the liability to share the cost of maintaining and repairing services. Whether they do or not, the relevant legislation (principally the Public Health Act 1961, Building Act 1984, Local Government (Miscellaneous Provision) Act 1976 and Environmental Protection Act 1990) makes the liability clear.

Q. How can you be sure that my house is connected to this particular drain?
This can be proved or disproved by dye-testing or by a CCTV camera survey after any blockage has been cleared. If there is any doubt, it is usual to serve Notice and then to prove the connection by dye testing later.

Q. When I bought the house, why didn't the search or survey investigate the drainsr?
Perhaps it was not part of your surveyor's brief.

Q. Can't you check the plans of when the houses were built?
Plans can be a good point of reference but may be unreliable because they show proposals rather than the actual routes of pipes. Many alterations can and often are, made between the first drawings and the final layout. It is generally quicker and more certain to examine the drains on site.

Q. What exactly am I liable for?
You are exclusively responsible for the cleansing and repair of your own drains.

Q. What would have caused the blockage or damage?
It is often not possible to find out. Sometimes things may be found in the pipework which may have aggravated a blockage, eg disposable nappies or excessive quantities of congealed grease, but it is seldom possible to prove that they were the primary cause. A blockage can be caused by something as small as a cotton bud, razor blade or matchstick getting lodged in a joint and trapping other material behind it. Sometimes more serious foreign objects such as pieces of wood, brick or cement may be found and must be removed to prevent them causing further blockages. Some pipework has inherent faults which predispose it to blocking up but may be impossible to repair economically, e.g. inadequate falls causing sluggish flows or minor settlement of some of the pipes causing small steps at the joints which obstruct the flow. Few drains remain in perfect condition – open joints and slightly displaced pipes are common but do not necessarily cause problems.

Many older drains have interceptor traps, usually in the last inspection chamber before reaching the public sewer, and these are liable to become blocked. On sloping sites there may be vertical drop-shafts (also known as backdrops) at changes of level. These are rather susceptible to damage or displacement due to minor settlement of the ground, which can result in blockages.

Tree roots are attracted to leaking drains and can cause blockages and serious damage. Some trees and shrubs are worse than others for finding the smallest gaps in pipe joints.
In the worst cases they can force open a crack and break up a pipe. If the damage is not too bad roots can be cut away and removed from the inside, avoiding the need to dig up and replace the pipes. However,unless the tree is removed the roots will grow back in time.
Since the owners of a pipe are responsible for its condition and its protection from damage, the owner of the tree cannot normally be held liable for any damage its roots may cause. Each case, however, will depend on its individual circumstances. It is, therefore prudent to avoid placing large trees and shrubs close to a pipeline.

During an investigation serious defects in the pipe may be discovered.   A further Notice may then be served requiring repairs to be carried out.

Q. How can I help to prevent further blockages?
It is helpful to avoid flushing anything down the drains which does not readily disintegrate in water, e.g. cardboard tubes, razor blades, packaging materials and some disposable goods such as sanitary towels, especially those containing cloth, plastic or rubber. It is preferable to dispose of these by wrapping them and placing them in the dustbin. Avoid emptying cooking fat down the sink as this solidifies and accumulates inside the pipes.

Q. Who should we get to do the work?
Many blockages can be cleared quite easily by a plumber or builder using drain rods. Alternatively pressure jetting by a specialist is usually quick and efficient. Contractors are listed in the Yellow Pages or Yell.com under Drain and Pipe Cleaning. Some contractors can also do CCTV (Video) surveying and root cutting if necessary. Evening and weekend call-outs may cost more. Drain repairs can be done by any competent building contractor although for large repairs a specialist engineering contractor may be advisable.

Q. What if it is the builder's fault, can't he be made to put it right?
The Council is restricted in its range of action by legislation and so Notices can only be served on the owners or occupiers. You may be able to claim the cost from the builder if you can prove he is liable. This may be difficult if a lot of time has passed. For houses less than ten years old, major defects may be covered by NHBC agreements.

Q But the drains would have been passed by the Building Inspector when the house was built, isn't he responsible?
The Building Control Officer does not act as a Clerk of Works on behalf of the eventual owner. The site is inspected at stages during construction following notification by the builder but the Building Control Officer cannot oversee every pipe being laid and every joint being made.
Inspections do not guarantee that the construction is perfect in every detail. When you buy a house you take on all its faults and liabilities. Only if you can prove some fault or negligence by the vendor, the builder or architect, your own surveyor or solicitor, or in the last resort the Local Authority, would you stand any chance of claiming some financial compensation.

Q. The Notice states that I may be prosecuted if I do not get the work done before the Notice expires
The Council does not routinely undertake work in default.  There is a risk of legal action if the Notice expires and the work has not been undertaken.  If there has been a delay in starting the work you should contact the person who issued the Notice and request an extension.

Q. Will the repair work need Building Regulations approval?
Not if it is just a simple repair but any substantial repair or material change will require Building Regulations consent. Section 61 of the Buildings Act 1984 requires at least 24 hours notice to be given to the Council before any repairs are made to underground pipework or, in a case of emergency, before the excavation is back-filled.
Failure to do so is an offence. The Environmental Health Officer will, of course, already know about works following the service of a repair Notice, but should be kept informed of progress, preferably in writing.

DEFINITIONS

DRAIN – pipework which drains a single property (or, strictly speaking, any buildings or yards within the same curtilage).

SEWER – pipework which drains two or more properties.

FOUL DRAIN OR SEWER - one which receives the discharges from foul (also known as soil) and waste water appliances and usually connects to a public sewer.

SURFACE WATER DRAIN OR SEWER - one which receives rainwater from roofs and paved areas and discharges either to a soakaway or, eventually, to a local stream or ditch or connects to a public surface water sewer.

COMBINED DRAIN OR SEWER - one which receives both foul and surface water. In modern systems these are always separate. (Combined drain is also an obsolete term for pipework draining more than one property).

SEWERAGE - the infrastructure of pipes, manholes, sewage treatment works etc. constituting the sewerage system.

SEWAGE - the contents of foul drains and sewers, comprising the discharges from soil and waste water appliances.

SOIL APPLIANCES – water closets and bidets.

WASTE WATER APPLIANCES – sinks, basins, baths, showers, washing machines and dishwashers. Waste water is sometimes known as grey water or sullage.

Page last updated on 25 November 2011