In the UK, responsibility for unblocking and maintaining drains typically depends on whether the drain is a private drain (serves one property) or a shared drain (serves more than one property).
If the affected drain is a private drain, it is the responsibility of the property owner connected to that drain. This means that any maintenance, repairs or replacements needed for the private drain would be the responsibility of those property owners.
If the affected drain is shared, it is the responsibility of the local Water Authority, for example Thames Water or Anglian Water. Once shared, it tends to be the Water Board’s responsibility all the way to main sewer. This means that repairs, maintenance or clearances would fall under the responsibility of the Water Authority.
It’s important to note that in some cases, it can be difficult to determine whether a drain is private or shared. If you are unsure about who is responsible for a suspected shared drain, you can contact your local water and sewerage company for guidance. It can be difficult to tell when the drains are full!
There are some types of properties that can throw a spanner in the works when it comes to working out who is responsible.
Easy to Work Out Shared Drains
- Detached Properties
- Semi Detached Properties
- Terraced Properties
Tricky to Work Out Shared Drains
- Flats, Particularly Multiple Blocks
- Drains near Property Boundaries
- Properties with Large or Complicated Boundaries
- Trading or Industrial Estates
- Drains that Run to Shared Pumps
- New Build Properties and Estates
The reason it’s getting easier to determine whether drains are private or a Water Authority asset, is because all the way back in 2011, some legal changes were made in which it makes it much simpler to know who is responsible for which drains, the days of neighbours having to split invoices or passing the buck to each other are gone (or should be once more people know how S105a of the Water Authority Act 1991 works and how it’s beneficial to them).
Be prepared for some boring legalese (no offence to those who like boring bits):
The S105a agreement, also known as the S104 agreement, is a legal agreement in the UK that sets out the requirements for the construction and adoption of new sewers and lateral drains that will be connected to existing public sewers. The agreement is governed by Section 104 of the Water Industry Act 1991.
The purpose of the S105a agreement is to ensure that new drainage systems are constructed to a high standard, and that they are adopted and maintained by the appropriate authority. The agreement is typically used in situations where multiple properties will be connected to the same drainage system.
Under the S105a agreement, the property developer is responsible for the construction of the new drainage system, including any sewers or lateral drains that will be connected to existing public sewers. Once the system is constructed, the developer must request that the local water and sewerage company adopt the new drainage system and take responsibility for its maintenance and upkeep.
The local water and sewerage company will inspect the new drainage system to ensure that it meets the required standards before agreeing to adopt it. Once the system has been adopted, the water and sewerage company will be responsible for its maintenance and upkeep.
It’s important to note that the S105a agreement only applies to new drainage systems that will be connected to existing public sewers. If you are unsure whether your drainage system falls under the S105a agreement, you can contact your local Water Authority for guidance.
Here’s How Simple the Responsibility of Shared and Private Drainage is in the UK
Image courtesy of OfWat, the Water Sector Regulator of England & Wales.
Just a note, we’re using Shared Drainage to refer to any drain, pipe or inspection chamber (or manhole) but they’re usually referred to by the Water Authorities as Public Drains or Public Sewers.
I’ve Got a Blocked or Overflowing Drain, How Do I Know Who is Responsible?
Or even more important, who should pay to have it cleared or repaired?
To make it as clear as possible, we’ve broken the next section down into common scenarios, so you can see straight away where you stand (hopefully not near the overflowing drain!)
The Drain is in my Back Garden
- Regardless of where a shared drain is, if another property is joining it, it is the responsibility of the local Water Authority.
- If a blocked or overflowing inspection chamber or drain makes it difficult to tell if your neighbours join them, check on your neighbours to see if they are suffering with similar symptoms to you. They may have problems like toilets backing up or overflowing kitchen gullies if they don’t have a drain or inspection chamber. Some streets have only one drain per two or three (or more) properties.
- If you’re still not sure, there are some tell-tale signs you can look out for:
- If your drain is near or on a boundary, such as under a fence or next to a public footpath or road, chances are very likely it’s a shared drain, whether it starts at this point or becomes shared on it’s way out.
- You may find that the water level in your blocked drain rises without you using any waste facilities such as toilets or sinks. Your neighbours are likely using their waste facilities blissfully unaware of any issues.
My Toilet is Blocked
- If your toilet is backing up there are several factors that could determine whether it’s a private or shared issue:
- If you have multiple bathrooms and/or your kitchen sink is also affected, this indicates an inspection chamber or drain is affected, usually where your waste facilities join together before running to the next section – whether in the next property along, road or public area. If your drain is clear, or empty, then the blockage is private. If the drain is blocked but next door is clear, it is also likely private.
- If your toilet and your neighbour’s toilets (or other things like sinks and baths/showers) started backing up at the same time, chances are there’s a common or shared drain somewhere between the properties and is very likely to be shared.
- If historically your toilet blocks due to a confirmed shared drain, it is best to assume it’s shared again. Especially if there are underlying issues, those tend to repeat.
A drain is Overflowing on My Road or Public Footpath, or From my Neighbour’s Property onto Mine
- This is an easy one. If a drain is overflowing on a road or public space, it’s already classed as a shared, or public sewer, whether it’s just you joining it or not. It’s already off your boundary, That’s it, report it to the Water Authority to get it unblocked free of charge!
- If your neighbour’s drain is overflowing into your property, whether it’s due to a difference in ground levels or the drain’s proximity to you, chances are it’s either shared because you join it, or someone else joins it elsewhere as flooding usually occurs when more than a few properties are trying to flow into it.
So far, so good, right? There are some complicated bits to shared, or public drains and they may still be private even if more than one property is affected. Luckily, or unluckily, depending on your circumstances, this mostly applies to flats, gated estates and commercial industrial or trading estates.
Who is Responsible for Flats and Their Drains?
Image above courtesy of Southern Water
To put it simply in terms of private or public drains, blocks of flats are treated as one property. So if you’re unlucky enough to be experiencing problems with blocked toilets or drains between flats but on the same curtilage, it’s down to the property owners or management company of the flats. Once the sewer or waste water pipe leaves the block of flat’s property boundary, it’s under S105a and classed as a public sewer.
If a sewer runs into the flat’s property footprint beforehand, however, this would make it a public sewer from the beginning, excluding any private pipes connecting to the public sewer from the flats themselves.
The same pattern is applied to gated properties and industrial or trading estates.
The tricky thing with this is, it’s hard to know what pipe runs to where, what comes into it and who is responsible when your drains are full or overflowing. But it’s worth bearing in mind for later, as you can learn the layout once the emergency blocked drain is over and determine if it’s up to you to sort out or the water board.
If you’re suffering with drainage problems such as an overflowing toilet in a ground floor flat or waste water coming into your flat from above, it could be worth contacting your household insurer or a drainage company immediately, to minimise damage to your property and furniture.
What to Do (or Not to Do) if Your Shared Drain is Overflowing
If your drain is overflowing and you suspect it’s a public sewer (see the OfWat image above), inform your neighbours as they could be using everything as normal, oblivious to their waste or sewage pumping out onto your property.
Some things to consider for you and your neighbours are:
What to Do Straight Away
- Inform your local water authority by phone or online.
- Inform any neighbours you think are affected or affecting you.
- Keep pets and children away from the affected area.
- If it’s running away from your property, let it. If it’s running into your property, use bags of some kind to keep it from coming in.
- Inform your insurers as they may be able to assist you with any claims or clean-ups. They may even send someone out quicker than the water board in some cases.
Minimise or Stop
- Don’t use your washing machine or dishwasher.
- Don’t use your bath or showers until the blockage is resolved.
- Minimise any toilet flushing and running taps.
- Don’t try and clear by yourself unless you’re confident and can remove the drain cover without making it worse or falling in.
- Don’t panic. Whatever comes out will be cleaned up and disinfected once unblocked.
Why Should You Care Who is Responsible For Your Blocked Drain?
Because it could save you a tonne of money and stress, that’s why!
As shared or public sewers are their responsibility, you will not be charged for a water authority to clear, repair, or maintain a shared drain.
This includes drain covers!
In fact, it’s not just pipes and drain covers, but inspection chambers and manholes. Even if these are on your drive, in your garden, sometimes even inside your property (sometimes extensions end up covering drains that were outside originally), if it has another property coming into it, the water authority are responsible for the shared pipes and shared structures such as manhole walls and drain covers & frames.
How Knowing Who is Responsible for Your Drains Can Save You Thousands of Pounds
It’s not just blockages that are covered under Shared Drains (S105a). You could be saved the hassle of dealing with any number of these:
Blockages Aside, Your Water Authority is Responsible for Maintaining and Repairing Their Shared Assets, Too!
- Removing Fats, Grease and Oils, Usually by Means of High Pressure Water Jetting.
- Removing Roots, Usually by High Pressure Water Jetting or Mechanical Means.
- Making sure Inspection or Drain Covers are Safe to Walk or Drive over.
- Keeping Inspection or Manhole Chambers in Reasonable Condition and Accessible.
- Dealing with Misuse and Abuse, Such as Educating Other Users on Appropriate Disposal of Items Such as Wipes and other Sanitary Items.
- Inspecting Pipe Lines for Damage and Wear & Tear.
- Making Repairs Such as Displaced Joints or Cracks by Patching or Lining, or Even by Excavation.
- Even Issues Historically Dealt With by the Owner or Landlord of the Property Affected. Once it is Confirmed to be a Shared Drain, it Moves Over to the Water Authority.
Can Your Local Council Help With Blocked Drains?
Since private and public sewers have been simplified, councils generally aren’t responsible for household drains or shared drains.
Sometimes when people search who is responsible for blocked drains, they’ll find YouGov’s website under the search results and this page suggests it’s related to local councils by directing you to your local council’s website. Assuming you do this, the council website then usually points you to the water board, as councils are not involved with these kinds of drains.
They do maintain roadside drains and council-owned property drains but they are kind of irrelevant to your problem in this case.
Some Things To Bear In Mind When Dealing With Shared Drains, Neighbours and Water Authorities
- If you have trouble dealing with your neighbours, they’re away or you just generally cannot get hold of them, the water authority have the right to access their assets, so worst case they will find a way of getting to the drain, or best case, they can find an alternative access point to clear the blockage.
- The water authority drainage engineer may tell you the cause of blockage was wipes, or fat & grease, or something else that should not be getting into the drainage system. This does not mean they’re blaming you necessarily, or that it’s from your property alone. When drains become shared, it’s difficult to control what enters them. Especially public or commercial drains that become shared. It’s also worth noting that they see this every day and aren’t fazed by what they see. Otherwise they wouldn’t be able to do what they’re doing!
- Sometimes advisors on the phone or live chats, or even technicians on site get it wrong when deciding who is responsible, just like private contractors don’t always get it right first time. If you still think your blocked drain is shared by another property or the blockage is off your boundary, you’re perfectly entitled to a second opinion. This could mean they send out another team to reassess, or a Network Engineer who usually takes a more detailed look or possibly has more experience in dealing with complicated shared drainage issues.
My Property Flooded From a Shared Drain! Who Should Clear It Up?
If you experienced a flood from a shared drain or public sewer, the water authority is generally responsible for cleaning up and disinfecting. If it was excessive, such as your garden flooded with sewage, they will likely clean what they can after dealing with the blockage and then arrange for a deep clean specialist to remove excess solids that weren’t flushed back into the drain and fully disinfect.
Sometimes it may be worth contacting your household insurance as they can assist with any clean up and/or claims you may have as a result of the flood.
If in doubt, ask the water authority and send them photos of the affected area if possible. Remember to include details such as:
- Pets and children living at the property.
- Elderly and infirm living at the property.
- If there is a risk of sewerage or waste entering a watercourse or rain water drainage.
Usually when you report a blocked public sewer, the water authority will raise a job and give you a an expected response time, depending on how busy they are at that particular time. If multiple people have reported an issue in the same location, this can speed things up.
There is a script you will be told, the gist of it being that not all blockages are the responsibility of the water authorities, and if it is found to be a private blockage then they will advise you of this at the time. Some water authorities will offer to clear for a price, some will simply advise you to contact a drainage professional.
A Handy Water Authority Contact List
A bit of boiler plate here:
We’ve made every effort to cover all water authorities in the UK, however there are many that are water feed, or supply, only. These water companies do not deal with waste water or sewers and are often covered by another authority, usually a large one covering many geographical areas.
If you’re not sure who deals with your waste water or sewers and you can’t find it below, Water UK have a handy tool for you to find your waste water supplier. Simply input your postcode and you’ll be directed to the relevant water authority which deals with waste water and sewers in your specific location.
If you have an idea of who you need to contact, you can find the list below. Alternatively, for those of you who are organised, you can find their contact details on any utility bills on paper or online statements.
Water Authority Contact List
- Thames Water
- Yorkshire Water
- Severn Trent Water
- Anglian Water (Cambridge Water and Hartlepool Water Customers Should Contact Anglian Water for Waste & Sewer Problems)
- South West Water
- Northumbrian Water
- Dŵr Cymru Welsh Water
- Wessex Water (Bristol Water Customers Should Contact Wessex Water for Waste & Sewer Problems)
- Southern Water (Portsmouth Water should contact Southern Water for Waste and Sewer problems)
- United Utilities
- South East Water
- Bournemouth Water
- Essex and Suffolk Water
- Pennon Group
- Cholderton and District Water Company
Hopefully this will help you if you are having problems with blocked shared drains and save you some money.
The reason the water authority unblocks or clears their shared drains at no cost to you is, it’s already covered under your water utility bill. A proportion of it goes to waste water infrastructure, under which clearances, repairs and maintenance are covered.
If you have an issue that isn’t made clear above, feel free to leave a comment below to see if we can help you confirm who is responsible.
