building over shared sewer line

zurbfoundation

HI - a neighbor has started an extension and is building over the shared sewer line that runs at the back of 4 terraced houses and then joins the public supply on the street outside. I was always of the belief that not only was it bad practice to building over a sewer line, but if it is a shared/public line it was not permitted. Could you confirm this for me?

thanks

zf

Irish Water: Aaron P

Hi zf,

Thank you for getting in touch.

We would advise that you contact the owner of the property to see if they have received planning permission for these works.

Irish Water is responsible for public sewer lines, but not for shared sewer lines/private combined drains.

Please see here for more information on pipe maintenance responsibility.

Kindest regards,
Aaron

zurbfoundation

i saw no planing notice erected so presuming its a standard planning exempt extension on the rear of the house - this is what i am basing my opinion on :

water services act 2007


104.—

(1) A person shall not, except with the consent of a relevant
water services authority and following an application for the purposes of this section to that authority, erect or commence to erect,
or cause to be so erected, any structure—
(a) over, or
(b) so close to as to cause a risk to, or interfere with, the structural integrity of or access to,a sewer, drain, water main, distribution system, service connection or related accessories which are owned, controlled or used by another person.

(2) The obligation in subsection (1) shall apply notwithstanding
any provision in any other enactment in relation to control of
development, building standards or practices, or any related
exemptions.

(3) A relevant water services authority may grant a consent under
subsection (1) where it is satisfied that—
(a) adequate access to the pipes and related accessories
affected will remain available for maintenance or
renewal purposes,
(b) human health and the environment are adequately pro-
tected, and
(c) the structural integrity of the pipes and related accessories
affected, and access to water services through them, will
not be adversely affected,
and it may include in a consent such conditions as it considers neces-
sary for these purposes.

(4) Where a structure to which this section applies is commenced
or erected without a consent under subsection (1), or in contra-
vention of such a consent, a relevant water services authority may
by notice to the person who erected or commenced to erect the struc-
ture or caused it to be erected, or to any other person who for the
time being owns the structure, direct that remedial action be taken
within a specified period, including—
(a) provision of such alternative sewers, drains, water mains,
distribution systems, service connections or accessories as
it may specify,
(b) re-routing around the structure of such pipes as may be
affected,
(c) provision of alternative or additional access to such pipes
as may be affected,
(d) demolition or alteration of the structure, or
(e) incidental and related requirements.

(5) A relevant water services authority shall have a right of action
for relief by way of injunction or declaration from the High Court
against any person, to restrain any non-compliance, or direct any
compliance with a requirement of a notice issued by the authority
under subsection (4), and the Court may grant such order as it sees
fit, in such manner as to achieve the purposes set out in subsection
(3), including an order requiring provision of alternative pipes or
related access, re-routing of pipes, or removal or alteration of a
related structure within a specified period.

onrail

Hi OP,

I'm in a similar scenario - was there any resolution to this?

zurbfoundation

no - they built over it. no planning involved for the extension.

inspection holes were placed at both sides of the extension.