The other possibility is that the seller will provide the buyer with compensation insurance to protect against financial losses resulting from the construction of the property through a public sewer. It is the fastest and cheapest option, but whether or not insurance is available depends on the circumstances of each case. According to the 2010 building code, Scheme 1, Part H4, the agreement of a legal undertaker is required for construction work on a public sewer. When « public pollution channels » and « public surface water channels » pass underground, an owner of such land cannot build on or within the distribution line of such a channel without the approval of the regional wastewater operator. This is called « Build over Consent » or « Building over Agreement. » Such an agreement allows the legal undertaker to access the sewers for maintenance purposes. A construction by agreement will also determine the responsibilities of the legal undertaker to repair the damage suffered. The same rules apply to a winter garden built in 1997 over an existing runoff. How can you satisfy a commercial lender in which a search for water and drainage shows that a property has been built over a public canal and that there is no evidence of the agreement, that there is no risk regarding a legal undertaker who enters the land, digs up the soil to access public sewers and does not cause any damage? Sometimes problems arise when owners try to sell their property, which is built in part or entirely through a public channel. Conservatories and extensions are the usual criminals. If a Build Over Agreement was not obtained when the work was done, then the water company has the legal right to enter the land to reach the canal, even if that means demolishing the building above the canal.
However, if possible, the water company will avoid the damage and look for other ways to enter the sewers, but the risk remains. If a construction agreement has been reached, the water company has no right to remove or demolish the structure above the sewers.