Drainage and sewage
The council has statutory powers to require drains and private sewers to be cleared and if necessary can enforce the required work at the expense of the owner(s). This action is taken by the housing and environmental health service.
Drains
The pipe that exits your house is called a drain.
If this drain then joins a drain from another property, the pipe
becomes a sewer from that joint onwards.
Private property
On private premises the owner is responsible for their own
drains up to their connection with drainage from another property -
even though that connection may be under the road or under
neighbouring property. Ownership of drains does not stop at
property boundaries. If an owner is unable to clear a drain by
their own efforts then they need to call in a drain cleaning
company. These can often be found through their adverts and
listings in business telephone and internet directories.
Ex-council houses
Where council houses have been sold, the current owner is
usually responsible for looking after the house drains, up to where
they connect with drainage from another premises. From that
junction onwards responsibility may rest with the owners and/or
Ealing Homes. Call Ealing Homes on 0800 181 744 for the east of the
borough (Acton, Ealing and Hanwell) and 0800 181 541 for the
west (Greenford, Northolt, Perivale and Southall) if there is any
uncertainty.
Rented
In rented properties the landlord has overall responsibility
for arranging clearance, but it is reasonable for tenants to carry
out simple tasks like keeping gulley gratings free from leaves and
not letting food wastes, fat or oil get into the drain.
Sewers
When a drain serving one property joins with a
drain from another property, the shared pipe is known in law as a
sewer. Where the premises were built before 1 October 1937 the
sewer is nearly always a public sewer. Those built after that date
are usually private sewers.
Responsibilities for unblocking or repairing problem sections of foul sewage systems depend upon whether or not the sewer is classed as private or public. However this is not always easy to determine.
Private sewers (ie built after 1937) are maintained jointly by the owners of the properties which they serve. So the owner of a post-1937 property would be wholly responsible for their own drain and, if that drain does not connect directly to a public sewer (probably the main sewer under the road), they would share a further responsibilty with other owners for a private sewer, up to its connection onto the public sewer.
Each owner is only responsible for sharing the maintenance of the private sewer downstream of their connection into it. So a blockage at the downstream end of a private sewer serving a terrace of houses should be cleared and paid for jointly by all of the owners, while a blockage at the upstream end would fall only to the two owners at that end. If the owners cannot clear the blockage themselves then they need to call in a drain cleaning company.
Diagram one Diagram two
Diagram one
Your household drain may flow straight into a public sewer.
If a blockage occurs anywhere in this private drain, you have sole
responsibility for cleaning any blockages or carrying out any
repairs. Most properties have some length of private drain.
Diagram two
Drains from two properties may join together and form a
private sewer, and then run some distance before connecting with
the public sewer. If a blockage or defect occurs at point X in the
private sewer system the owners of the two properties would be
responsible for rectifying the problem.
It is important to note that the boundary of the property does not indicate the end of responsibility. This extends up to and includes the connection with the public sewerage system
The company would probably want to be paid by just one person – that person would need to recover for themselves any contributions from the other owners. If one owner refuses to pay their share then the others would have the right to claim it back through the courts if necessary – but this is a private matter for the owners to decide as best they can. It may be worth checking title deeds to see whether they set out specific arrangements for maintaining a private sewer, such as by everyone paying a service charge to an agent to act on their behalf.
Public sewers (ie built before 1937) are maintained free of charge by Thames Water. The fact that a sewer is located under a public road does not mean that it is a public sewer. Similarly, some public sewers can be found within the grounds of a privately owned home. Tel: 08459 200800. Email: customerservices@thameswater.co.uk.
Diagram three
Diagram three
This shows how all the drains from a block of houses may link
up before running into a public sewer. In some cases, the drains
from an entire estate may join a private sewer system before
linking up with the public system, and this could be some
considerable distance.
Present legislation dictates that the owners or occupiers of homes above the point of the blockage or defect - whichever properties effluent flows through that point - are responsible. Therefore a blockage at point Y would only involve properties four, five and six. A blockage at point Z would involve all six properties.
Identifying drains and sewers
Where it is not known whether a pipe is a drain, a
public sewer or a private sewer, owners could consider requesting
Thames Water to attend. If Thames Water find it is a public sewer
they would clear it free of charge. If they find it is private they
might offer to clear it for a fee, though they are not obliged
to.
Conducting works on drains and sewers
Please note that all new drainage work and repairs
to existing drainage must comply with the Building Regulations.
Before commencing any new work or repairs please contact
building control services for advice or to
arrange any inspection and approval that may be needed (this would
not be necessary just to clear a blockage). They also hold
copies of original building plans for many properties and can often
provide a date of construction over the telephone to help a quick
decision about whether a sewer is public or private.
.
The role of Ealing Council
Environmental health officers will determine the extent of
the problem, the number of properties involved, the action required
to resolve the problem, and who is responsible. This usually
results in either informal or formal action being taken.
Informal action
Environmental health will try to advise home-owners of the
most appropriate action to take.
Formal action
• A Statutory Notice would require the affected persons to
remove obstructions from the private sewer within 48 hours. If the
notice is not complied with, the work can be completed by the
council and the cost for the works plus any administrative fees
will be charged to those responsible.
• A Building Act 1984, Section 59 Notice would require the responsible people to repair damaged parts of a private sewer. The notice or covering letter will indicate all other parties involved. If the notice is not complied with, the council will complete the work and the cost plus any administrative fees will be charged. Information about rights of appeal is also set out within this notice.
Problems relating to public sewers must be dealt with by the company responsible for maintaining the sewers in your area.
Please be aware that sometimes it is not possible to identify the location of drainage defects and who is responsible until any blockage has been cleared. Often detailed surveys using closed circuit television or other equipment is necessary to trace the drain and identify defects.
Leaflets
A leaflet on
drainage and sewage is available in pdf
format.