The above financial contributions may include requests that those who will benefit from the agreement contribute to the costs of supplying the new sewers and/or side drains and also ensure the safety of these costs for the funeral homes of the sewer system. Any person or business that constructs or plans a new sewer may require a funeral home to enter into an agreement under section 104 to accept the new sewer, so that the sewer contractor is then responsible for the maintenance of the sewer at his own expense. The section 104 agreement sets out the standards and approved materials to be used in the construction of the sewer system and equipment to ensure that the sewer complies with a particular standard. If the sewer is subsequently constructed in accordance with the terms of the agreement, the sewer contractor will issue a declaration of acquisition by the sewer at a certain time after the completion of construction. These agreements may also cover drains connected to sewers that have already been installed in a funeral home or in sewage disposal facilities. Many steps are required in the procedures for obtaining an agreement under Article 104, and we recommend that you seek prompt advice if you are seeking an agreement. The path to a section 104 agreement begins with an initial flood risk assessment and considers site-wide drainage requirements to ensure that local sewer and surface water drainage systems are considered and not congested. A section 104 agreement (under the Water Industry Act 1991) is an agreement between a developer and a sewer contractor to accept sewers for development. There are strict regulations in place to get an agreement that can be a minefield for developers. § 102 Existing sanitation. Section 102 of the Water Management Act allows owners of existing private sewers and related equipment to request that they be “adopted” by the local wastewater authority, which then maintains them at their own expense.
Lauren Walker, a member of the real estate team, explains what section 102 and 104 agreements are and why they are used. Section 102 of the Water Industry Act (1991) allows a developer or individual to submit an application to a water utility to take over a private operating canal already installed. In the case of a new development, the S102 process is usually followed when the new sewers are installed and commissioned before the signing of the S104 agreement and the S104 process is no longer applicable. So, what information is needed for an application? Obviously, the form includes the basics of the site, the developer and all other parties to the section 104 agreement, as well as the relevant planning conditions, number of properties, date of first occupancy and other standard details. It should be borne in mind that in cases where third-party land separates new sewers or drains from existing infrastructure and new sewers and drains pass through third-party properties, either the sewer payer or the person requesting the connection must acquire the legal rights necessary for the installation of the new infrastructure as well as the corresponding rights in terms of access and access to repair. Maintenance and inspection of infrastructure. The most effective way to do this is to conclude an act of servitude with the respective third party owner, in which he grants the necessary rights. Signing a lease is another common way to deal with access issues. If the third-party owner is not cooperative, there are expropriation powers that are transferred to remediation contractors who can help address this issue, which they will normally be reluctant to use; A documented agreement with the third landowner is the usual way to deal with it. As a general rule, the cost of an application for the introduction of sewers under section 104 includes an amount to cover technical and inspection services, attorneys` fees and a deposit. Currently, for the wastewater authorities we deal with in Essex, Suffolk, Hertfordshire, Kent, Cambridgeshire and London, here is the following: The newly elected Conservative government has committed to creating 275,000 affordable housing units by 2020.
In this context, the volume of requests for section 104 agreements is expected to increase exponentially. To avoid delays and additional costs for their projects, proponents must review the drainage design and make important decisions – including the choice of materials – as early as possible. Appropriate information must be provided so that the authority can determine whether the sewer can be adopted. A technical inspection and management fee (VAT) is due, i.e. 2.5% of the estimated construction costs. A smooth design and bidding process often means that sewers can be adopted more easily and the commitment to the developer can be reversed, often resulting in a faster and more cost-effective construction program. In order to successfully approve water management strategies and reach an agreement under Article 104, it is important to assess the needs of each site in order to provide the optimal solution. When designing, commissioning and maintaining piping systems for adoption in Article 104 agreements, developers and their selected designers have a multitude of product and material options at their disposal, and they must take into account a number of considerations. Any person or business may also submit an application to a funeral director requesting the repossession of a private sewer that has already been built and installed. Such agreements are typically entered into when new sewers are built and are in service before a section 104 agreement has been reached, invalidating a potential section 104 agreement because the sewers are already in place. When deciding whether or not to accept the sewer and issue a declaration of acquisition, the wastewater treatment company must consider all the circumstances of the case and the following considerations: An S104 agreement (section 104 of the Water Industry Act (1991)) is a legal agreement between a developer and a water company in which the developer agrees to construct sewers to an agreed standard. that the water company will then resume.
Apart from the above, how do I get an agreement under Article 104? To obtain a copy of the agreement, you must contact the original developers of the property. .