Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in existence for 12 years without a relevant build over agreement in place)? Are there any specific powers to require a build over agreement to be entered into retrospectively (if the authority owned the sewer prior to the 2011 transfer)?

Statutory basis for requiring build over agreement

Build over agreements are agreements entered into between developers and the relevant sewerage undertaker to regulate works which could impact a public sewer.

Unlike other statutory provisions such as section 106 of the Town and Country Planning Act 1990 (TCPA 1990), we have been unable to find a particular statutory provision pursuant to which build over agreements are entered into. However, build over agreements are routinely required by sewerage undertakers as a way of ensuring that the following statutory requirements are met:

1. •

   requirement H4 under Schedule 1 to the Building Regulations 2010, SI 2010/2214 (the Building Regulations):

   1. ◦

      requirement H4 requires that certain building works carried out over a public sewer,