Building over public sewer and extension

[zomoxos]

I am in the middle of buying my house and a search result revealed that the extension was built (1996) over a public sewer and the manhole is just closer to the extension door, and the extension has a planning or building regulation certificate.

The seller's solicitor is unable to confirm if written consent in the form of a Build Over Agreement was made with the Water Provider about the building.

Our solicitor's recommendation is to get an indemnity certificate and proceed but I am a bit concerned and don't know whether to proceed or pull.

Please help!

Sorry unable to edit the message.

Correction: the extension has no a planning or building regulation certificate.

That would be a no from me

@Tontostitis why? Indemnity protects you in the fairly unlikely event of any drastic action by the water board

1996? As long as seller pays the indemnity fee I'd go for it anyway. We've got a huge extension off our house with was build in the late eighties with no permission but it's still standing so when we bought we just asked for indemnity and proceeded. Our mortgage company was happy with that.

Thanks for your response.

How practical to get a retrospective build-over agreement?

https://www.thameswater.co.uk/help/home-improvements/building-over-sewers-or-public-drains

If you tried to do that, it is likely you would invalidate any indemnity insurance.

You have to prove certain bits like method of construction around the sewer etc. I'd just take the indemnity.

Hi, I had a similar issue when purchasing my house. An indemnity policy is just fine. Nothing to worry about you'll be covered. Make sure your solicitors put the policy in risk when you complete and ask for a copy.

Very unlikely to get retrospective. Water boards don't like doing this at all. Indemnity is fine for this.

What does the indemnity insurance cover?

@C4tastrophe the indemnity would cover the cost of any rebuilding if the water board needed to demolish part of the extension to get to the sewer

The reason I asked, is because some people say it covers ‘everything’, as you just said, and other say it only covers Legal costs, which is what it says here:
https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/what-is-indemnity-insurance/
“However, it is important to note that indemnity insurance will not over the cost to repair or replace something”.

Thanks for your reply, I can understand only available option is indemnity. Would there be any concern about sewer pipe running under the building? how does this will affect if I plan to further extend the property ex. big kitchen? If I do then I have to move the manhole. How much would cost us? or will there be chance of decline because earlier one was no permission given?

Did the previous extension Need PP?
It looks like the neighbours have also built over the sewer?
Usually manholes are directly over the sewer. If this one is outside, why do you think the sewer is under the extension? That drawing?
Would be an idea to open the manhole to see what’s what.
After 25 years, it would have collapsed by now if the extension was sat on it.

@C4tastrophe thanks

Did the previous extension Need PP? - yes missing PP as well as Building Regulation certificate.

It looks like the neighbours have also built over the sewer? - yes whole street looks like a similar pattern.

Usually manholes are directly over the sewer. If this one is outside, why do you think the sewer is under the extension? That drawing? - correct as per the map the redline is underneath the building but in reality there is a manhole just outside the kitchen door. I am trying to correlate between the manhole and the redline but I couldn't.

Would be an idea to open the manhole to see what’s what.
After 25 years, it would have collapsed by now if the extension was sat on it. - attached image of the manhole - but looks like drain?

Your plans should state if there is an easement for infrastructure access, if there is then you legally cannot block access