Implementation of the Section 42 of the Flood and Water Management Act 2010 and the Welsh Ministers' Standards Design and Construction of New Gravity Foul Sewers and Lateral Drains - Water Industry Act 1991 Sections 106B and 104(9).
From 1st October 2012.
If you require a new sewerage connection to the existing public sewerage system of Welsh Water you will be required to enter a Section 104 agreement for the construction of any sewer or lateral drain, before work commences on the drainage system and to allow connection to the existing sewerage network.
That agreement will have to:
· Include an event that will automatically trigger adoption of the sewers and lateral drains contained in the Section 104 agreement
· The sewers and lateral drains will have to meet as a minimum the “Welsh Ministers' Standards Design and Construction of New Gravity Foul Sewers and Lateral Drains’ or, for surface water sewers and lateral drains, a standard that meets the Welsh Water Company’s requirements (which is currently `Sewers for Adoption version 7’ (SfA7))
Welsh water has three “types” of S104 agreements termed:
· Traditional- for standard agreements generally, for sewers serving more than 10 properties and where the sewers are in roads.
· Light – for developments serving less than 10 properties where the sewers are off the highway
· Lateral – for a single lateral drain
The technical fees for these agreements are as per the existing agreements under SfA 6, and they are:
· Inspection fees - 2.5% of construction costs (minimum £500)
· Legal fees
· Bonds - 33% of the construction costs except for a lateral drain agreement, which will require a £500 cash security.
Currently the Welsh Government has not identified a backstop event in the case that a Section 104 fails before adoption can take place (possibly due to bankruptcy), but they intend to review and publish the event in time.
From the 1st October all sewers and lateral drains constructed since the 1st July 2011 and that are connected to the Welsh Water sewerage network on the 1st October 2012 will be the responsibility of Welsh Water and will be formally transferred to their ownership on the 1st April 2013.
After the 1st October 2012, any new sewer or lateral drain in the Welsh Water area that needs to be connected to the public sewer will have to be constructed to the new Welsh Ministers’ Standards, and the developer/ householder will have to enter an appropriate Section 104 agreement before that sewer is laid.