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.