Building Act 1984

69 Provision of water supply in occupied house

(1) Where a local authority are satisfied that an occupied house has not a supply of wholesome water in pipes in the house sufficient for the domestic purposes of the occupants, the local authority may—

(a) if they are satisfied that in all the circumstances it is reasonable to require the owner of the house to connect it to a supply of water in pipes provided by statutory water undertakers, give notice to the owner requiring him to connect the house as aforesaid, or

(b) if they are not satisfied that it is reasonable in all the circumstances to require the owner to connect the house as aforesaid, but are satisfied that it is reasonable to require him otherwise to take water into the house by means of a pipe, give notice to the owner requiring him so to take water into the house,

within a time specified in the notice.

(2) Where a local authority are satisfied that—

(a) an occupied house has not within a reasonable distance of it a supply of wholesome water sufficient for the domestic purposes of the occupants, and

(b) in all the circumstances it is not reasonable to require the owner to connect the house, or to take water into the house, as aforesaid,

the authority may give notice to the owner requiring him to provide a sufficient supply of wholesome water within a reasonable distance of the house within a time specified in the notice.

(3) Where the local authority are so satisfied as aforesaid with respect to each of two or more houses, and are further satisfied that the needs of those houses can most convenientlly be met by means of a joint supply, they may give notice accordingly under either subsection (1) or subsection (2) above to the owners of all those houses.

(4) If a person to whom a notice has been given under this section objects to the requirement of the local authority, he may, within 28 days after service on him of the notice, appeal to a magistrates' court, and, upon any such appeal, the court may either disallow the requirement of the local authority or allow it with or without modifications.

(5) If a requirement contained in a notice given under this section, including a requirement modified by the court under subsection (4) above, is not complied with—

(a) within the time specified in the notice, or

(b) if the court extends that time, within the time as so extended,

the local authority may themselves provide, or secure the provision of, a supply of water to the house or houses in question and may recover any expenses reasonably incurred by them in so doing from—

(i) the owner of the house, or

(ii) where two or more houses are concerned, the owners of those houses in such proportions as may be determined by the authority or, in case of dispute, by a magistrates' court,

but an owner shall not be required to pay more than £300 in respect of any one house.

(6) The Secretary of State may by order increase the amount specified in subsection (5) above, and where such an order is made—

(a) the statutory instrument containing it is subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) the order does not apply to a notice given under this section before the commencement of the order.

(7) Where—

(a) any houses with respect to which the local authority are, by reason of notices not having been complied with, in a position to take action under subsection (5) above are situated within the limits of supply of statutory water undertakers, and

(b) the aggregate amount of the water rates that would be payable annually by owners or occupiers of those houses at the rates charged by the undertakers is such that a requisition could be made by those owners or occupiers under section 29 of Schedule 3 to the [1945 c. 42.] Water Act 1945 or under that section as modified by any enactment regulating the undertaking,

the local authority may themselves make such a requisition, and the undertakers shall comply with it as if it had been made by the owners or occupiers of the houses, and those owners or occupiers are deemed to have made the requisition and to have entered into an agreement with the undertakers to take a supply of water for the minimum period mentioned in the said section, or in the said section as so modified.

(8) Where under this section a supply of water is furnished to a house by statutory water undertakers., water rates may be made on the premises and recovered as if the owner or occupier of the house had demanded and agreed to pay water rates for a supply.

(9) Where under this section two or more houses in the occupation of different persons are supplied with water by a common pipe belonging to the owners or occupiers of those houses or parts of houses, or to some of them, the local authority may—

(a) when necessary, repair or renew the pipe, and

(b) recover any expenses reasonably incurred, by them in doing so from the owners or occupiers of the houses in such proportions as may be determined by the authority or, in case of dispute, by a magistrates' court.