All private sewers and drains will transfer to water and sewage companies in October 2011. This will happen automatically, unless the existing sewer and drain owners object. 


From 1 October, the maintenance of these sewers and drains will become the responsibility of the statutory water and drainage companies. This will apply to both residential and commercial property (and will undoubtedly increase water and drainage bills). The logic behind this change is to reduce the problems of unclear rights as to the use of private drains and sewers, as well as issues relating to their maintenance and repair. Needless to say, for most landowners this will be a positive development. In some instances, however, it may not be. For instance, on multi-let sites or developments, landowners may have put in place complex provisions relating to sewage and drainage, the effect of which would be superseded by the statutory regime. Likewise, these changes could impact upon future development since easements that have previously been negotiated allowing for ‘lift and shift’ of sewers and drains will no longer have effect. In those situations, it is important that owners take action to appeal against the automatic transfer of the sewers and drains. 


Notices of transfer will not be sent to individual landowners but will be advertised locally (because of the problems of identifying the owners of all sewers and drains). An objection to transfer can be made on the basis that it would be seriously detrimental to the person affected (eg if an easement allows a sewer to be relocated on redevelopment, then it would be detrimental for the sewer to be adopted if it results in the beneficial relocation right being lost). 


It is fair to say that this massive transfer of ownership is taking place with the minimum of publicity. Whilst the vast majority of landowners will welcome this automatic transfer, there will be a small minority for whom it is bad news. It is vitally important that they ensure that they register their objection in time. Source: Nabarro.