What Is A Retrospective Build Over Agreement

If a public sewer system operates underground, the owner cannot build on or within three metres of the sewer line without the consent of the wastewater collector. This consent is the Build Over agreement. Consent is required before the start of the work and may be refused. The other option is for the seller to provide indemnity insurance to the buyer in order to protect against financial losses resulting from the construction of the property by a public sewer. In situations where a private sewer was built before it became the property of a remediation company, a subsequent building permit is not required. In these circumstances, a landowner whose property was built prior to the transfer of the sewer from a private sewer to a public sewer is confident that the legal contractor must repair the damage caused. According to Part H4 of Section 1 of the 2010 Building Code, SI 2010/2214, the consent of the remediation company is required for construction work over a public sewer. This includes digested and surface water channels. If a public sewer passes under land, the owner may not build on or within three metres of the sewer centre line without the sewer`s consent. This approval is the “construction agreement”.

Consent is required before the start of the work and may be refused. If it is not possible to obtain building permits for works, the local authority is empowered to inspect the building regulations and, if the works do not comply with the building regulations, to submit a notice in accordance with section 36 of the Construction Act 1984 (BA 1984) requesting the owner (who may not be the same person with whom the work was ordered), repair them or if this is not possible, return the property to its previous state. .