Section 104 Agreement Water Industry Act 1991: Everything You Need to Know

If you are planning to develop a property, you may need to consider a Section 104 agreement. This agreement is a legal requirement under the Water Industry Act 1991, and it covers the construction and adoption of foul water and surface water sewers by a water company.

What is a Section 104 agreement?

A Section 104 agreement is a legal document that sets out the conditions for the adoption of public sewers by a water company. The agreement is required for all new developments that include the construction of sewers, whether these are foul water sewers, surface water sewers, or combined sewers.

The agreement is necessary to ensure that the proposed sewers are built to the right standards and that they are suitable for adoption by the water company. The agreement also sets out the responsibilities of the developer and the water company during the construction process and after the sewers have been adopted.

Why is a Section 104 agreement required?

The Water Industry Act 1991 places a legal duty on water companies to provide public sewers and to maintain them. This means that when a developer constructs new sewers as part of a development, they will be required to be adopted by the water company for ongoing maintenance.

The Section 104 agreement ensures that the sewers are constructed to the appropriate standards and specifications. It also sets out the procedures for adoption by the water company. Without a Section 104 agreement, the developer may be liable for ongoing maintenance and repairs of the sewers.

How is a Section 104 agreement obtained?

The developer will need to submit a sewer application to the relevant water company. The application should include the plans and specifications for the proposed sewers, as well as information on the proposed development.

Once the water company has reviewed the application, they will prepare a Section 104 agreement that sets out the terms and conditions for adoption. The developer will then need to sign the agreement and provide any required security before starting construction.

During the construction process, the developer will need to provide periodic updates to the water company to ensure that the sewers are being constructed in accordance with the agreement. Once construction is complete, the water company will inspect the sewers and may request any necessary remedial works before adopting them.

Conclusion

A Section 104 agreement is a legal requirement under the Water Industry Act 1991 for all new developments that include the construction of sewers. The agreement ensures that the sewers are constructed to the appropriate standards and specifications and sets out the procedures for adoption by the water company.

If you are a developer planning a new development, it is important to engage with the relevant water company early in the process and to submit a sewer application as soon as possible. This will help to ensure that the Section 104 agreement is obtained in a timely manner and that the construction process runs smoothly.