Last edited 03 Jul 2019

Section 104 new sewer adoption

Section 104 of the Water Industry Act 1991 provides a mechanism for newly-constructed private sewers and pumping stations to be ‘adopted’ by the local sewerage authority, who will then maintain them at their own expense.

Appropriate information must be provided so that the authority can determine whether the sewer will be suitable for adoption. A Technical Vetting and Administration Fee (TVA) will be payable which is 2.5% of the estimated construction cost.

A Section 104 adoption agreement must be entered into before construction of the sewers begins. A bond is also required which is 10% of the estimated construction cost.

The sewer must be designed and constructed so that it complies with the requirements of sewers for adoption, and the appropriate permissions must be in place. Where connection to the public sewer is required, a sewer connection application must be made under Section 106 of the Water Industry Act.

As-built drawings of the sewer must be provided to the authority.

Once the local sewerage authority is satisfied with the condition of the sewers, they will issue a provisional certificate of completion. The applicant then remains responsible for the maintenance and repair of the sewers for an agreed period (typically 3 to 12 months), after which a final inspection is undertaken. Once any required remedial works have been completed a final certificate of completion will be issued and the bond will be released.