House we are interested in has down pipes onto the pavement, this can’t be done surely?

[fleetwoodpac]

We are looking at purchasing a 4 year old house. They have built an insulated garden cabin around 3.5m x 3.5m tight up against their boundary fence. We noticed yesterday that the roof drainage goes into a gutter at the back that then discharges into two outlets that pass through the boundary fence and onto the pavement.
This new trend of not allowing the homeowner to be present at the viewing means we couldn’t ask them about it and the agent had no idea.
Is there a rule that says a small roof of less than a certain m2 can discharge onto the public highway or something?

I have no idea but can you solve it by having the drainage from the gutters going into water butts?
Then in summer you'll have plenty of water.
I suppose you may need to augment with further draining though.

You would need to dig out and install a soak away with drainage field if it’s a sizeable building but it might just be treated like a shed and many of those don’t have gutters at all. Discharging through the fence and onto a public highway is likely to cause issues though

Homeowners are allowed to be at viewings and host them if they wish to, generally people prefer to just leave potential buyers to be able to have a good look without them being there. Just email the agent and ask them to ask the owners about the downpipe.

Our whole street of Victorian terraces (and all the streets around it) all have the downpipes discharging directly onto the pavement. So if there is a rule it's a new one.

Just ask the question in writing and say you'll want proof this drainage is legal.

Is there a rule that says a small roof of less than a certain m2 can discharge onto the public highway or something?

was the cabin subject to planning permission?

i wouldnt want to proceed until the agent has clarified with the vendor including which Local Authority granted it, even if outline permission was given under permitted development. You could then speak to the Planning Office and get them to answer your question about discharge into the public highway.

id give it a swerve if you find you'd have to remediate to make it legally compliant. You don't need to buy into that complexity!

eta This new trend of not allowing the homeowner to be present at the viewing

it isn't a question of not allowing. The homeowner has every right to attend any or all viewings, it's their property.

Gemini says it is not allowed, for reasons of ice, algae and adding strain on existing infrastructure.

Easy to resolve though in any case.

Ours too, including our own house...

• Highways Act 1980 (Section 100): While highway authorities (councils) have the power to drain roads, private individuals are prohibited from allowing water to discharge onto the public highway.
• Common Law and Nuisance: Discharging water across a pavement is considered a nuisance or negligence if it causes damage or hazard to the public, potentially making you liable for damages or subject to an injunction.
• Building Regulations Part H: This requires that rainwater be directed to a suitable soakaway, watercourse, or sewer, rather than discharging onto public land.
• Remedial Action: If your property discharges water onto the pavement, the local council can issue a notice for you to resolve the problem and, if ignored, perform the work and charge you for it

The "highway" includes the pavement!

In the wintwr the water going onto public pavement will freeze and then if a member of the public slips and breaks a leg YOU will
be liable for being sued!!! Avoid this house like the plague!! What other shit have they done?!? Also new builds aren’t allowed
to have any building work or changes for
first 5 years so they have broken tjos
law as well as planning I expect

This ^^

All the Victorian front (single) bay windows in my area have a small downpipe that discharges straight onto the pavement, which has a very slight (almost imperceptible) slope down to the gutter & gullies. The roads are cambered for the same reason.

In the wintwr the water going onto public pavement will freeze and then if a member of the public slips and breaks a leg YOU will
be liable for being sued!!! Avoid this house like the plague!!

We’re talking about rainwater.

Doesn’t rain water freeze?

It may have been acceptable in Victorian times, it’s not allowed now.

Where are you getting that 5 year rule from? I don’t think that is true.

yes, historically that was allowed, but for new work whether that be a complete new build or an alteration / extension to an existing build you are no longer allowed to do so

as with many planning issues, they tend not to be made retrospective for obvious reasons