Neighbour Drainage and Guttering Issues

It’s nobody’s favourite scenario – there’s a blocked drain and you aren’t sure who’s responsible for it. There are three possible outcomes to this one, depending on whether the blockage is a drain, a private sewer or a blocked public sewer. There are actually strict definitions of all three, according to Public Health law, so hold your nose and try and establish which one is your issue.

What is a Drain?

A drain is simply a pipe that only takes drainage from a building or buildings within the same property boundary. It might be a drain for foul water like toilet waste or for surface water such as rainwater from the roof, but whichever it is, if it’s on your property, you are responsible for unblocking or repairing it, even if the blockage or damage is beyond the boundary of your home, or under a pavement or road.

What is a Sewer?

A pipe becomes a sewer at the point where it takes drainage water from two or more buildings not within the same property boundary. If it was built after 1 October 1937 it’s known as a private sewer - unless the sewer has since been adopted by the local water authority.

When it comes to any problems, the law requires owners or occupiers of the properties that use and connect to the sewer above the point of blockage to repair any damage and remove any blockage. All people connected to it are expected to keep it in good condition, and it should be a joint effort, no matter where the blockage or damage is.

Generally, sewers constructed before 1 October 1937 are known as public sewers, but there can be exceptions to this. Your local Water Authority is normally responsible for clearing blockages, maintaining and repairing public sewers.

What to Do if you have a Blocked Drain

If you have a blocked drain - find out where the blockage is and ask around to see if anyone else’s home is affected. If not, the problem is most likely to be in your drain, and so you have to bite the bullet and get it cleared.

If You Have a Blocked Sewer

If there are others affected, when were the properties built? If it’s prior to 1937, and most terraced houses were built before then, the responsibility is with the Sewerage Undertaker. To do this, you’ll need to contact your local water authority and find out who they are.

If your home was built after 1 October 1937 it’s more complicated. Check to see whether the sewer has been ‘adopted’ by the local water authority. If so, breathe a sigh of relief as it’s down to them. If not, it’s a private sewer and the owners of the properties using the pipe at the point of the blockage are responsible for sorting it out, but they might not take responsibility, so if they are uncooperative you should contact your local Environmental Health Department.

If Neighbours are Uncooperative over a Blocked Sewer

Most drain un-blocking companies will invoice the person who called them out, no matter who is actually responsible in law for covering the costs. If you are stuck with a neighbour who resolutely refuses to pay their way, the only thing you can do is get the local council to serve a legal notice on everyone responsible, which gives everyone concerned 48 hours to get the blockage cleared. If the blockage is left, or damage not repaired, local and borough councils have certain legal powers that allow them to take action. The council can serve a formal legal notice on everyone responsible for the condition of the sewer, making them arrange the clearance of the blockage or necessary repairs.

If the people responsible fail to comply with any formal legal notice, it then becomes a criminal offence and you (as well as your neighbours) can end up being prosecuted. If it can’t be resolved, the council can arrange to have the work done themselves and then recover the costs from you and/or your neighbours.

What About Guttering?

Shared land also means shared responsibility for repair, and so if there are damaged gutters, it’s reasonable to share the costs of repairing them. If guttering and water egress drainage is shared between two properties (look at your deeds and it should say whether this is the case) there is normally a joint responsibility (and liability) for maintenance and repair.

Talk to your neighbour before you organise anything, once you’ve checked the deeds to make sure you’re in the right. Most neighbours will be reasonable, especially if you have the deeds to back you up, and a polite request should be all you need. If they refuse, you have no choice but to get the work done and then request reimbursement of their share in writing. If they still won’t play ball, you’ll have to get down to the county court – but the law is certainly on your side…