Building Act 1984

21 Provision of drainage. E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any question arising under subsection [F2 (4) below]between a [F3 local authority] [F3 building control authority] and the person by whom, or on whose behalf, [F4 plans are deposited] [F4 an application for building control approval is made] as to [F5 whether a proposed drain shall be required to connect with a sewer] may on the application of that person be determined by [F6 a magistrates’ court] [F6 the appropriate court or tribunal].

(4) [F7 Where [F8 plans of a building or of an extension of a building are, in accordance with building regulations, deposited with] [F8 an application for building control approval in respect of a building or an extension of a building is made to] a [F3 local authority] [F3 building control authority], the [F3 local authority] [F3 building control authority], or on appeal [F9 a magistrates’ court] [F9 the appropriate court or tribunal], may require a proposed drain to connect with a sewer where]—

(a) that sewer is within one hundred feet of the site of the building or, in the case of an extension, the site either of the extension or of the original building, and is at a level that makes it reasonably practicable to construct a drain to communicate with it, and, if it is not a public sewer, is a sewer that the person constructing the drain is entitled to use, and

(b) the intervening land is land through which that person is entitled to construct a drain.

(5) Notwithstanding paragraph (a) of subsection (4) above, a drain may be required to be made to connect with a sewer that is not within the distance mentioned in that paragraph, but is otherwise such a sewer as is therein mentioned, if the authority undertake to bear so much of the expenses reasonably incurred in constructing, and in maintaining and repairing, the drain as may be attributable to the fact that the distance of the sewer exceeds the distance so mentioned.

(6) If any question arises as to the amount of a payment to be made to a person under subsection (5) above, that question may on his application be determined by [F10 a magistrates’ court] [F10 the appropriate court or tribunal], or he may require it to be referred to arbitration.

[F11 (7) This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).]

Textual Amendments

F1 S. 21(1)(2) repealed (1.4.2002) by S.I. 2001/3335, reg. 3(1) (with reg. 4)

F2 Words in s. 21(3) substituted (1.4.2002) by S.I. 2001/3335, reg. 3(2)(a) (with reg. 4)

F3 Words in s. 21 substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 23(2); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F4 Words in s. 21(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 23(3); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F5 S. 21(3)(a)(b) substituted for words (1.4.2002) by S.I. 2001/3335, reg. 3(2)(b) (with reg. 4)

F6 Words in s. 21(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F7 Words in s. 21(4) substituted (1.4.2002) by S.I. 2001/3335, reg. 3(3) (with reg. 4)

F8 Words in s. 21(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 23(4); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F9 Words in s. 21(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F10 Words in s. 21(6) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F11 S. 21(7) added (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 26(1) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)

Modifications etc. (not altering text)

C1 Ss. 21, 22, 23 extended by S.I. 1987/798, regs. 2(1), 4