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Section 104 of Water Services Act and building over shared foul sewer.

28.10.2020 10:04 #1
My neighbour is in the process of building an exempted development in her back garden and intends moving the manhole that my foul sewer enters. I do not know what is to happen to my sewer that enters the manhole.  As section 104 of the Water Services Act applies the sewers should not be under a building without the consent of Irish Water. What should I do?  
1 thank
28.10.2020 11:45 #2
Verified representative
Hi there,

Thanks for getting in touch.

A planning permission is necessary in order to build an extension. Your neighbour might have been in contact with us regarding the moving of the manhole.

I recommend your neighbour to get in touch with us, as we are unable to discuss this matter due to Data Protection.

Kind regards,
Agata
28.10.2020 12:28 #3
Originally posted by Irish Water: Agata
Hi there,

Thanks for getting in touch.

A planning permission is necessary in order to build an extension. Your neighbour might have been in contact with us regarding the moving of the manhole.

I recommend your neighbour to get in touch with us, as we are unable to discuss this matter due to Data Protection.

Kind regards,
Agata

I have stated the building is an exempted development therefore it does not need planning permission. 

My query is does she need permission from Irish Water to move a manhole and/or build over the sewer on a private communal foul sewer system as indicated by section 104 of the Water Services Act. 
1 thank
28.10.2020 14:16 #4
Verified representative
Hi there,

Would you mind confirming your County and we will look into this?

Thanks,
Agata
29.10.2020 09:00 #5
Originally posted by Irish Water: Agata
Hi there,

Would you mind confirming your County and we will look into this?

Thanks,
Agata

Hi Agata,

I live in Dublin. Juan of Irish Water has responded to an email I sent on Tuesday morning but I am awaiting clarification from him on this issue. If I don't hear from him I will get back to you.

Many thanks.
29.10.2020 10:26 #6
Verified representative
Hi there,

Thanks for letting me know.

Please feel free to message me here if needed.

Thanks,
Agata
30.10.2020 08:31 #7
Hi Agata,

I'm still awaiting a response so perhaps you can find out the answer for me as the works are progressing.

The wastewater pipe serving 6 houses goes through the back gardens before entering the public sewer system on the road. My wastewater pipe enters the shared wastewater pipe at a manhole in my next door neighbour's back garden. She is building an exempted development in her back garden which is not attached to her house and does not need planning permission. The new building will be over the manhole and over my wastewater pipe. She therefore proposes moving the manhole. I am not sure how my wastewater pipe is to be connected to the new manhole.

I am of the opinion that the manhole and my wastewater drain come under the definition of drain in the Water Services Act as below because it is a drainage pipe or system of pipes conveying wastewater from one or more premises,

“drain” means a drainage pipe, or system of such pipes and related fittings for
collection of waste water, that is not owned by, vested in or controlled by a water
services authority, an authorised provider of water services, or a person providing
water services jointly with or on behalf of a water services authority or an authorised
provider of water services, and that is not a service connection, which is used, or to
be used as the case may be, to convey waste water from one or more premises or to
any waste water treatment system on a premises where the waste water is generated


and therefore she needs permission from Irish Water for the works as per section 104 of the Water Services Act as below as the drain on her property is used by another person.

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.





Please can you confirm that this is the case.

Looking forward to hearing from you.

Many thanks.
30.10.2020 10:49 #8
Verified representative
Hi there,

I am currently looking into this for you and once I receive an update I will be in touch.

In the meantime, thank you for your patience.

Thanks,
Agata
30.10.2020 12:19 #9
Originally posted by Irish Water: Agata
Hi there,

I am currently looking into this for you and once I receive an update I will be in touch.

In the meantime, thank you for your patience.

Thanks,
Agata

OK, many thanks Agata, look forward to hearing from you soon.
30.10.2020 13:32 #10
Verified representative
Hi there,

Please be advised that every connection to the mains, direct or indirect one, requires valid agreement with Irish Water.

Your neighbour should, if it hasn't already apply for the connection to Irish Water, as we no longer allow shared connections. A new connection should go directly to the mains.

I hope this answers your question.

Thanks,
Agata
30.10.2020 13:53 #11
Originally posted by Irish Water: Agata
Hi there,

Please be advised that every connection to the mains, direct or indirect one, requires valid agreement with Irish Water.

Your neighbour should, if it hasn't already apply for the connection to Irish Water, as we no longer allow shared connections. A new connection should go directly to the mains.

I hope this answers your question.

Thanks,
Agata



Many thanks Agata but it doesn't  answer the question as lots of people have shared connections as per the PDF diagram on page 6 of 10 (detached properties shared wastewater) of the document entitled Pipe Maintenance Responsiblity on your website. 

We are all already connected so it will not be a new connection and I don't think the new shed/building (which is exempt from planning) will be connected to the wastewater pipes.
30.10.2020 14:44 #12
Verified representative
Hi there,

I recommend emailing newconnections@water.ie and a member of this Department will be able to help you with this, please include your query and your address. They will be able to query this further with the engineers.

I hope this helps.

Kind Regards,
Agata
31.10.2020 09:53 #13
Thanks Agata, it is not a new connection and I have already emailed operations@water.ie and diversions@water.ie and am still awaiting a response.
02.11.2020 09:40 #14
Originally posted by linjenpat
Thanks Agata, it is not a new connection and I have already emailed operations@water.ie and diversions@water.ie and am still awaiting a response.

Hi there,

Could you PM us with your email address and we will follow up with the relevant department in order to issue a response?

Thanks,
Rebecca.
02.11.2020 14:59 #15
Sure, what email address do I PM you at?
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