Building Act 1984

18 Building over sewer etc.

(1) Where—

(a) plans of a building or of an extension of a building are, in accordance with building regulations, deposited with a local authority, and

(b) it is proposed to erect the building or extension, as the case may be, over a sewer or drain that is shown on the relative map of sewers,

the authority shall reject the plans unless they are satisfied that in the circumstances of the particular case they may properly consent to the erection of the proposed building or extension, either unconditionally or subject to compliance with any requirements specified in their consent.

(2) Where—

(a) plans of a building or of an extension of a building are, in accordance with building regulations, deposited with the council of a district or outer London borough, or a building notice in respect of a building or of an extension of a building is served on the district surveyor in pursuance of section 83 of the [1939 c. xcvii.] London Building Acts (Amendment) Act 1939, and

(b) it is proposed to erect the building or extension, as the case may be, over a water authority's sewer that is shown on the relative map of sewers,

the council of the district or borough or the Greater London Council, as the case may be, shall notify the water authority of the proposal.

(3) A water authority may give directions to the council of a district or outer London borough as to the manner in which the council are to exercise their functions under subsection (1) above.

(4) Any question arising under subsection (1) above between a local authority and the person by whom or on whose behalf plans are deposited as to—

(a) whether the site on which it is proposed to erect a building or an extension of a building is over such a sewer or drain as is mentioned in that subsection, or

(b) whether, and if so upon what conditions, a consent ought to be given by the local authority, may on the application of that person be determined by a magistrates' court.

(5) In this section—

• “drain ” includes a pipe (including associated works) provided in pursuance of section 12(6), 14(5), 21(4) or 26 of the [1974 c. 40.] Control of Pollution Act 1974 ;

• “map of sewers ” means—

  (a)

  the map/of sewers and drains kept by an authority under section 32(1) of the [1936 c. 49.] Public Health Act 1936, or

  (b)

  a map of pipes kept by an authority under section 28(1) of the [1974 c. 40.] Control of Pollution Act 1974.