Part I E+W Building Regulations

Modifications etc. (not altering text)

C1Pt. I (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2

C2Pt. I (ss. 1-46) modified (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 18(1)

C3Pt. I (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)

C4Pt. I (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7PPt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))

Passing of plansE+W

18Building over sewer etc.E+W

(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 [F1drain, sewer or disposal main that is shown on any map of sewers or to erect it on such a site or in such a manner as would result in its interfering with the use of any such drain, sewer or disposal main or in its obstructing the access of any person to any such drain, sewer or disposal main],

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 [F2a local authority], and

(b)it is proposed to erect the building or extension, as the case may be, over [F3a drain, sewer or disposal main that is shown on any map of sewers and is vested in a sewerage undertaker or to erect it on such a site or in such a manner as would result in its interfering with the use of any such drain, sewer or disposal main or in its obstructing the access of any person to any such drain, sewer or disposal main],

the council of the district or borough . . . F4 shall notify [F5the sewerage undertaker] of the proposal.

[F6(3)Subject to subsection (4) below, where a sewerage undertaker notifies a local authority of its requirements as to the manner in which the authority are to exercise their functions under subsection (1) above in relation to any case or description of cases affecting any of the undertaker’s drains, sewers or disposal mains and those requirements are reasonable, it shall be the duty of the council so to exercise those functions in accordance with those requirements.]

(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 [F7drain, sewer or disposal main] as is mentioned in that subsection, or

[F8(b)whether the site on which or the manner in which it is proposed to erect a building or an extension of a building is such as would result in the building or extension interfering with the use of any such drain, sewer or disposal main or in its obstructing the access of any such person to any such drain, sewer or disposal main; or

(c)whether, and if so on what conditions, a consent ought to be given by a local authority; or

(d)whether, for the purposes of paragraph (c) above, any requirements notified to a local authority by a sewerage undertaker under subsection (3) above are reasonable,]

may on the application of that person be determined by a magistrates’ court.

(5)In this section—

[F9“disposal main” has the same meaning as in [F10the Water Industry Act 1991];]
“drain” includes a pipe (including associated works) provided in pursuance of section 12(6), 14(5), 21(4) or 26 of the M1Control of Pollution Act 1974;
“map of sewers” means—