Adoption of Drainage and Legal Agreements

Specific sections within the Highways Act 1980 and Water Industry Act 1991 allow a drainage system to be adopted by a sewerage undertaker (who then is responsible for future maintenance of the system).

The usual course of adoption of drainage for a new development is through either Section 38 agreement (Highways Act 1980) or Section 104 agreement (Water Industry Act 1991) dependant upon who will adopt the drainage system.

Existing systems of drainage can also be offered for adoption through a Section 102 agreement (Water Industry Act 1991).

Section 38 (Highways Act 1980)

A Section 38 agreement is entered into and provides a method for a highway that has been constructed or that is to be constructed becomes maintainable at the public expense. A publicly maintainable highway will in most cases include provision for drainage of the highway. (Drainage of highways is defined in Section 100 (9) of the Highways Act 1980).

Adoption of a drainage system through a Section 38 Agreement is for a drainage system which drains an adopted highway only. The drainage system only takes runoff from adopted (or prospectively adopted) highways and no private drainage or development drainage outfalls into the system. The final adopting authority is the Local Authority or Council. The cost of entering into such an agreement varies dependant upon the size of the development.

Please see Highway Drainage Design for further details.

Section 104 (Water Industry Act 1991)

A Section 104 agreement is entered into and provides a method for a drainage system that has been constructed or that is to be constructed becomes maintainable at the Sewerage Authorities expense.

This agreement permits the adoption of a sewer or lateral drain by a sewerage undertaker.

Adoption of a drainage system through a Section 104 Agreement is for a drainage system which drains private areas (such as roofs and driveways) and also highway drainage (if both drain into the same sewer system). The final adopting Authority is the Sewerage Undertaker. The cost of entering into such an agreement varies dependant upon the size of the development and drainage system required.

Please see Drainage Design for Adoption for further details.

Section 106 (Water Industry Act 1991)

A section 106 agreement permits a new connection to an existing adopted public sewer.

An application is made via either the Council or Sewerage Undertaker which, when approved, allows connection of a proposed sewer system into an existing system. As part of this application submission of details of flows and connection type are required for the Sewerage Undertaker to check and approve. There is usually a cost for this application.

Section 104 Design and Agreement Process

Sanderson Associates provide a full drainage design service for developers which ranges from small private drainage systems through to large foul and surface water drainage systems for adoption with ancillary SuDS systems to allow developments to comply with planning conditions relating to surface water run off rate requirements and foul water discharge requirements.

Our drainage design service offers valuable advice to clients on the most affective and viable solutions to drainage problems and options available including sustainable drainage systems (SuDS).

Examples of our drainage expertise include full detailed design of drainage layouts for clients such as major house builders, sustainable drainage designs for major employment developments which includes on line and off line attenuation, balancing ponds, soakaways, swales, underground storage tanks and dry basins.

Our drainage expertise also follows through into our Flood Risk Assessment Services (see www.floodrisk.co.uk) which ensures that any drainage or flood risk mitigation measures recommended are best value and design and are bespoke to any such development.

Require the Services of a Drainage Design Consultant?

We would be pleased to provide you with our competitive fee proposal to provide you with our Drainage Design Services, please call us on 01924 844080 or click here to complete our secure online form.

Adoption of Drainage, Legal Agreements, Highway Act 1980Water Industry Act 1991, Drainage System, Adopted, Sewerage UndertakerSection 38 Agreement, Section 104 Agreement, Section 106 Agreement