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Building near a public sewer

Building over a sewer: build over agreements explained

If you build over or within 3m of a public sewer, you need the water authority's agreement before the foundations go in. In most of London that is Thames Water, and the application needs a site plan showing the sewer run, the manholes and your proposed foundations.

Last checked against current guidance on 2026-08-09. Rules differ by borough — the local pages below say how.

Planning drawings and blueprints on a studio desk — architectural drawings in London

When do you need a build-over agreement?

Whenever an extension sits over or within three metres of a public sewer. The agreement is with the water authority, not the council, and it is separate from both planning permission and building regulations approval — all three can be needed for the same extension.

ConsentWho grants itWhen it bites
Build-over agreementthe sewerage undertakerover or within 3m of a public sewer
Planning permissionthe councilbeyond permitted development limits
Lawful development certificatethe councilto prove permitted development
Building regulations approvalbuilding controlalways, on structural work
Party wall awardappointed surveyorsshared wall or excavation within 3m
Householder application fee£548

Sources: the Water Industry Act 1991 and the sewerage undertakers’ published build-over procedures; the Building Regulations 2010 (as amended), Part H; the Town and Country Planning (General Permitted Development) (England) Order 2015; the Party Wall etc. Act 1996; fees from the Fees for Applications Regulations 2012 as amended. Read at 1 September 2026. Public sewers transferred to the undertakers in 2011, which is why many older London properties have one under the garden.

Which sewers does this apply to?

Public sewers and lateral drains — including pipes that were private until the 2011 transfer and are now the water authority's responsibility.

That transfer is why this catches people out. A shared drain running down the back of a Victorian terrace, which the deeds treat as private, is very often a public sewer today. Assuming otherwise is how foundations get stopped mid-dig.

A drain serving only your own property, upstream of the point where it joins anyone else's, generally remains private and outside the regime.

How do you find out what is there?

Order a drainage and water enquiry, then check the manhole positions on site against it.

  • A drainage and water search (the CON29DW) shows mapped public sewers on a plan of the property.
  • Water authorities publish asset location plans on request, which is usually faster.
  • Lift the manhole covers. Direction of flow and the number of inlets tell you whether the run serves neighbours — the map is not always right.
  • A measured survey should record cover and invert levels, because the foundation design depends on them.

When can you self-certify?

Water authorities publish criteria under which minor, low-risk cases can be self-certified through building control instead of a full agreement.

The published criteria typically cover shallower pipes of small diameter, extensions that do not build directly over a manhole, and cases where the sewer is not a strategic main. Anything outside them — building over a manhole, deep or large-diameter pipes, or a structure that would prevent future access — needs the full application.

Confirm the current criteria with the authority for your area before relying on self-certification; they are revised periodically.

Scope the drainage drawings

Build cost moves with your builder, your specification and the month you tender. What you can pin down early is the design and compliance scope — how many drawing sets the council and building control will want, and whether structural input is in play. The estimator below works that out from the project type and floor area.

Estimate your drawing costs

Move the controls for an indicative figure. It anchors your budget — it is not a quote. Every project is priced after a free survey.

1 · Project type
2 · Approximate size
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3 · Add compliance packages
Indicative design fee £1,585
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Build costs are separate and quoted by your contractor. See our published fees.

Building over a sewer: build over agreements explained in London — the exterior of a London house before works
The exterior of a london house before works — building over a sewer: build over agreements explained in London.

What does the application need?

  • A site plan showing the sewer run, manhole positions and the proposed structure.
  • Foundation details — depth, type, and how loads are kept off the pipe. Deep strip foundations to the pipe invert, or a reinforced lintel or raft spanning it, are the usual solutions.
  • Sections showing the relationship between the foundation and the pipe.
  • Evidence that access to manholes is maintained, or a proposal to divert the run.

Diverting a sewer is a separate and slower application, so a design that avoids the diversion is usually worth the layout compromise.

How does it fit the programme?

Apply once the foundation design is fixed and well before groundworks — this is a common cause of a stopped dig.

The agreement is separate from planning permission and from building regulations approval, though Part H4 covers the same subject and building control will ask about it.

Run it alongside the building regulations application rather than after it: both need the same drainage drawings, so the marginal effort is small and the schedule risk removed is large.

Written by Benyamen Shaukat, Technical Architect & Platform Founder. Fact-checked against Building Regulations Part H4 and Thames Water's published build over requirements.

Common questions

Can I build over a manhole?

Sometimes, with the authority's agreement and a design that keeps the chamber accessible — often a double-sealed cover inside the extension. Many authorities prefer a diversion instead.

Does a build over agreement replace building regulations approval?

No. It is a separate consent from the water authority. Building control still assesses the drainage design under Part H.

What if the sewer is not on the map?

Unmapped public sewers exist, particularly post-2011 transfers. If a manhole on your land serves other properties, treat it as public and ask the authority.

How long does it take?

Allow several weeks for a standard application, longer where a diversion or a strategic main is involved. Apply before you book the groundworker.

Who applies — me or my builder?

Either can, but the application needs the foundation drawings, so it is usually made by whoever prepared the building regulations package.

An architectural technologist checking a printed set of house drawings, marking a proposed elevation in red — building over a sewer: build over agreements explained in London
Every set is checked line by line against the validation checklist before it leaves the office.

Where to go next

Who owns the sewer, and what they require

A build-over agreement is not a planning matter at all — it is consent from the sewerage undertaker, triggered by proximity to a public sewer rather than by the size of what you are building. Part H of the Building Regulations is the technical standard behind it, and the undertaker applies its own build-over policy on top:

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