Building and Developing

Mandatory build standard & adoption process

What is the mandatory build standard and adoption process?

The expected commencement of Section 42 of the Flood and Water Management Act 2010 in the Severn Trent operating area continues to be delayed. Section 42 will mean that it will be mandatory on sewerage undertakers to adopt all new sewers and lateral drains connecting to the public sewerage system after the commencement date. Only drains located within the curtilage of the property they serve will be exempt from the mandatory adoption.

A lateral drain is the section of drain between a single property boundary and the connection to the public sewer. A sewer serves two or more properties.

The change in legislation, to be introduced by the Government, is to prevent an increase in private drains and sewers after the private sewer transfer which took place on 1 October 2011.

What will the changes mean to developers constructing new sewers?

Consultation has taken place, but we are still waiting for the Mandatory Build Standards (MBS) to be agreed.  In the meantime, Sewers for Adoption 7th Edition has been developed to provide technical guidance.  Developers are encouraged to design to Sewers for Adoption 7th Edition from 1 November 2012. Please note that we will not allow the two design standards to be mixed and matched. 

To order a copy of Sewers for Adoption 7th Edition you should use one of the following contact options:

Another change in the legislation is regarding the right to connect under Section 106 of the Water Industry Act 1991. The right of connection, for new sewers and lateral drains will not exist until the applicant has entered into a Section 104 adoption agreement with the sewerage undertaker. This change is to enforce the new legal requirement for the automatic adoption of new sewers and lateral drains expected once the legislation has come into force.

The new Mandatory Build Standard and Sewers for Adoption 7th Edition will lead to a change in our S104 sewer adoption and S106 sewer connection processes. We intend to keep our customers informed as timescales are confirmed and the processes are developed.

What is happening to existing sewers included in a S104 Agreement?

Private sewers and lateral drains connected to an existing public sewer on 1 July 2011 transferred on 1 October 2011. We have been writing to Developers with existing S104 Agreements, to advise them how the transfer has affected the sewers covered by the Agreement.

Surface water sewers discharging directly to a watercourse did not transfer and pumping stations and rising mains are expected to transfer on 1 October 2016. Existing S104 Agreements will remain in place and these sewers and pumping stations will need to be adopted in the conventional way.

It is proposed that sewers and lateral drains built between 1 July 2011 and the implementation of Section 42 of the Flood and Water Management Act 2010 will be transferred via a supplemental scheme. Details are yet to be confirmed.

Should you wish to discuss in more detail please email us.

You can visit our sewer adoption page here