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What is a section 104 agreement?

What is a section 104 agreement?

A Section 104 agreement (under the Water Industry Act 1991) is an agreement between a developer and sewerage undertaker for the adoption of sewers serving a development. There are strict regulations in place for obtaining an agreement which can be a minefield for developers.

Do I need a section 104 agreement?

Section 104 Agreement A Section 104 adoption agreement must be entered into before construction of the sewers begins. 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.

What is an s104 document?

A section 104 agreement usually refers to an agreement made pursuant to section 104 of the Water Industry Act 1991 (WAI 1991, s104). for the area in which the development is taking place.

What is a build over agreement?

A Build Over Agreement is required where building work is to take place close to (within 3 metres of) or over the route of an existing public sewer or drain. Any work involving new foundations, underpinning, piling or basements requires approval of the Water Company prior to work commencing on site.

What is a section 104 surface water sewer?

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

What is a section 102 agreement?

Section 102 of the Water Industry Act (1991) allows a developer or an individual to submit an application to a water company asking them to adopt a private operational sewer which is already installed.

Who applies for build over agreement?

A Build Over Agreement is required by water companies for any construction work over public sewers or within 3m of one. This obligation is even enshrined as a covenant in the Deeds of some more modern properties. Approval from the water company needs to be obtained prior to building work commencing on site.

Can you build over a private drain?

Private Or Public You can build over a private drain. Building control will inspect the pipework and approve the works as part of your extension. A public drain is a different matter.

What is a Section 38?

A Section 38 agreement (or S38) is a section of the Highways Act 1980 that can be used when a developer proposes to construct a new estate road for residential, industrial or general purpose traffic that may be offered to the Highway Authority for adoption as a public highway.

What is a section 185 agreement?

Introduction. Under Section 185 of the Water Industry Act 1991 (S185) where any public sewer, lateral drain or disposal main is situated in private land, any person(s) with an interest in that land or in adjoining land can, by giving notice, require Severn Trent Water (STW) to alter or remove that pipe.

How long does a Section 106 agreement last?

five years
By Application An application for modification or discharge of s106 agreement can be made to the local planning authority after the expiry of the ‘relevant period’, and the “relevant period” is defined as five years since the beginning with the date that the s106 agreement is entered.

What do you need to know about Section 104?

When you make a Section 104 application, you must provide detailed information about the design and construction of the new sewer, and how it connects to the public sewer.

What is a section 104 sewer adoption agreement?

A Section 104 sewer adoption application must be made before your drainage contractor can begin the construction of a new sewer, so that the local sewerage authority will agree to adopt the newly constructed private sewer (or pumping station) once works have been completed. This means that they will maintain it at their own expense going forwards.

How are awards and settlements classified for tax purposes?

Awards and settlements can be divided into two distinct groups to determine whether the payments are taxable or non-taxable. The first group includes claims relating to physical injuries, and the second group is for claims relating to non-physical injuries. Within these two groups, the claims usually fall into three categories: