A build over agreement is a legal document that is required when a property owner wants to build or extend a structure over or near a public sewer or water main. This agreement is made between the property owner and the local water and sewerage company to ensure that the proposed building work does not compromise the integrity of the public sewer or water main, and to outline the responsibilities of each party in case of any future maintenance or repair work.
Here are some key points to consider when entering into a build over agreement:
- Application process: The property owner must submit an application to the local water and sewerage company, providing details about the proposed building work, including plans and specifications.
- Approval: The water and sewerage company will review the application and, if necessary, may request additional information or changes to the proposed work. Once the company is satisfied that the proposed work will not negatively impact the sewer or water main, they will issue a build over agreement.
- Fees: There may be a fee associated with the application and processing of a build over agreement. The property owner should check with the local water and sewerage company to determine the applicable fees.
- Restrictions and conditions: The build over agreement will typically include specific restrictions and conditions, such as maintaining a certain distance between the building and the sewer or water main, using specific construction materials, or following specific building practices.
- Access for maintenance and repairs: The agreement will also outline the responsibilities of the property owner and the water and sewerage company in case of any future maintenance or repair work on the sewer or water main. This may include granting access to the property for the water and sewerage company to carry out necessary work.
- Liability: The build over agreement may include clauses that outline the liability of each party in case of any damage to the sewer or water main, or any other issues that arise as a result of the building work.
It is essential for property owners to obtain a build over agreement before commencing any building work near or over a public sewer or water main to avoid potential legal issues and ensure the safety and integrity of these essential services.
