Learning Outcomes
After reading this article, you will be able to explain the purpose and process of water and drainage enquiries in property transactions, identify key legal issues such as adoption status and flood risk, interpret CON29DW results, and advise clients on practical and contractual implications. You will also understand the main statutory rights and obligations affecting water and drainage, and apply this knowledge to SQE1-style scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the role and significance of water and drainage enquiries as part of pre-contract due diligence in property transactions. As you revise, focus on:
- The purpose and process of water and drainage enquiries in conveyancing.
- The distinction between public and private water/sewer connections.
- The legal and practical implications of adoption status for drains and sewers.
- How flood risk and drainage issues affect property value, insurability, and marketability.
- Advising clients on risks, liabilities, and contractual protections relating to water and drainage.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the main purpose of a CON29DW water and drainage search in a property transaction?
- What is the difference between an adopted and an unadopted drainage system, and why does it matter for a buyer?
- How might the presence of a public sewer running beneath a property affect future development plans?
- What are the key risks for a buyer if a property is not connected to the public sewer or water supply?
Introduction
Water and drainage enquiries are a standard part of pre-contract searches in property transactions. They provide essential information about a property's water supply, drainage arrangements, and related liabilities. For SQE1, you must be able to explain the process, interpret results, and advise clients on the legal and practical consequences of issues revealed by these enquiries.
Water and Drainage Enquiries: Purpose and Process
A water and drainage enquiry is usually made by submitting a CON29DW form to the local water company. The search result confirms whether the property is connected to the public water supply and public sewer, and provides details about the location and adoption status of relevant infrastructure.
Key Term: CON29DW search
A standard enquiry submitted to the local water company to establish water supply and drainage arrangements for a property.
The search result helps identify potential risks, costs, and restrictions that could affect the buyer's use and enjoyment of the property.
Public vs Private Connections
A key issue is whether the property is connected to public (adopted) or private (unadopted) water and drainage systems.
Key Term: adopted drainage system
A drain or sewer that is maintained at the expense of the local water company, following a formal adoption agreement.Key Term: unadopted drainage system
A drain or sewer that remains the responsibility of the property owner(s) for maintenance and repair.
If a property is not connected to the public sewer or water main, the owner may face significant costs for repairs, upgrades, or eventual adoption. Private drainage systems (such as septic tanks) may also require compliance with environmental regulations.
Adoption Status and Section 104 Agreements
Where a property is part of a new development, drains and sewers may not yet be adopted. In such cases, a Section 104 agreement under the Water Industry Act 1991 is often in place, obliging the developer to bring the system up to standard for adoption.
Key Term: Section 104 agreement
A legal agreement between a developer and the water company for the adoption of new sewers, making the water company responsible for future maintenance once adoption is complete. If no Section 104 agreement or adoption bond exists, the buyer may be at risk of future charges to bring the system up to standard or ongoing maintenance liabilities.
If no Section 104 agreement or adoption bond exists, the buyer may be at risk of future charges to bring the system up to standard or ongoing maintenance liabilities.
Worked Example 1.1
A buyer is purchasing a new-build house. The CON29DW search reveals that the foul water drain is not yet adopted, but a Section 104 agreement is in place. What should the buyer's solicitor advise?
Answer: The solicitor should confirm that a valid Section 104 agreement and adoption bond exist, ensuring the developer is responsible for bringing the drain up to standard for adoption. The buyer should be warned not to alter the drainage system before adoption, as this could jeopardize adoption or insurance.
Public Sewers and Development Restrictions
The search result will show if a public sewer runs within the boundaries of the property. This is important because water companies have statutory rights of access to maintain public sewers, and building over or near a public sewer usually requires the water company's consent.
Key Term: public sewer
A sewer that is maintained by the local water company and to which the public has a statutory right of connection.
If a buyer intends to extend or develop the property, the presence of a public sewer may restrict those plans or require additional permissions.
Worked Example 1.2
A client wants to build an extension. The CON29DW search shows a public sewer runs under the proposed extension site. What is the risk?
Answer: The client will need the water company's consent to build over or near the sewer. Without consent, the extension may be unlawful, and the water company could require removal or alteration of the structure.
Flood Risk and Drainage
Water and drainage searches may also highlight flood risks, especially if the property is in an area prone to surface water flooding or if drainage is inadequate.
Key Term: flood risk
The likelihood that a property will be affected by flooding from rivers, surface water, groundwater, or sewers.
Flood risk can affect insurability, mortgageability, and property value. Buyers should be advised to obtain specialist flood searches and check insurance availability if a risk is identified.
Maintenance and Repair Liabilities
If the property is served by unadopted drains or private systems (such as septic tanks or soakaways), the owner is responsible for maintenance and repair. This can be costly and may require compliance with environmental permits or regulations.
Key Term: private drainage system
A drainage arrangement (such as a septic tank or soakaway) that is not connected to the public sewer and is maintained at the owner's expense.Key Term: adoption bond
A financial guarantee provided by a developer to the water company to ensure completion of works required for adoption of new sewers. If the system is not up to standard, the owner may face enforcement action or be required to pay for upgrades before adoption.
Practical Advice for Clients
Solicitors should review the CON29DW result and raise additional enquiries if:
- The property is not connected to the public sewer or water main.
- The drains or sewers are unadopted and no Section 104 agreement or adoption bond is in place.
- A public sewer runs within the property boundary.
- Flood risk or surface water drainage issues are identified.
Clients should be advised of potential costs, restrictions on development, and ongoing liabilities. Where appropriate, contractual protections (such as retention of funds or indemnity insurance) should be considered.
Worked Example 1.3
A buyer discovers that the property is served by a private septic tank. What issues should the solicitor raise?
Answer: The solicitor should advise the buyer to check that the septic tank complies with environmental regulations, is in good working order, and that maintenance arrangements are clear. The buyer should be aware of potential costs for repairs or replacement.
Exam Warning
If the property is not connected to the public sewer or water main, or if the drains are unadopted, the buyer may face significant future costs. Always check for a valid Section 104 agreement and adoption bond, and advise on the risks of private drainage.
Revision Tip
Always review the CON29DW result alongside other searches and the property information form. Raise specific enquiries if any issues or uncertainties arise.
Key Point Checklist
This article has covered the following key knowledge points:
- Water and drainage enquiries are a standard pre-contract search in property transactions.
- The CON29DW search confirms connections to public water and sewer systems and identifies adoption status.
- Adopted systems are maintained by the water company; unadopted systems are the owner's responsibility.
- Section 104 agreements and adoption bonds protect buyers in new developments.
- The presence of a public sewer may restrict development and require water company consent.
- Private drainage systems (e.g., septic tanks) require compliance with environmental regulations and ongoing maintenance.
- Flood risk identified in searches may affect insurance and value.
- Solicitors should advise clients on risks, costs, and contractual protections related to water and drainage issues.
Key Terms and Concepts
- CON29DW search
- adopted drainage system
- unadopted drainage system
- Section 104 agreement
- public sewer
- flood risk
- private drainage system
- adoption bond
