the development has been planned in a way that provides for the efficient drainage of the properties;

the design and standard of construction complies with industry standards in Sewers for Adoption;

the sewers are in a satisfactory condition;

the sewers are compatible with the undertaker’s existing sewer system (so that adoption would not present operational problems); and

there is easy access to the sewers for maintenance purposes (eg they are in the highway or on land open to the public).

In practice, adoption will take place only when the majority of the development is occupied and the sewers have been shown to be adequate. Depending on the size of the development, this can take some time. Until adopted, the sewers will remain the responsibility of the developer or, in some cases, the property owners. Problems can arise where the developer defaults on its s104 obligations and there is no cash deposit or bond for the undertaker to call on. This can result in responsibility passing to the property owners, who may then have to pay to bring the sewer system up to a standard so that it can then be adopted.

The CML Handbook says that the lender must be notified if a sewer is not adopted unless:

there is an s104 agreement secured by a cash deposit or bond; or

if the sewers are not to be adopted, but are maintained by local residents or a management company, there must be appropriate arrangements for maintenance, repairs and costs.

Source: www.practicallaw.com (subscription service).