Build Over Agreements

• Protection of Utilities: Public sewers, drains, and utility lines are crucial for the infrastructure of a community. Building over or near these services can obstruct access for repairs, cause damage to the infrastructure, or affect its operation. A Build Over Agreement safeguards these utilities, ensuring they remain functional and accessible.

• Compliance with Local Regulations: In many regions, building over a sewer or drain without the appropriate agreement is illegal. Obtaining a Build Over Agreement ensures compliance with local regulations and avoids potential legal issues or fines.

• Preventing Future Problems: A Build Over Agreement sets clear guidelines about how the construction project will be managed, who is responsible for maintenance, and how future repairs or modifications should be handled. This helps prevent disputes or complications down the line.

• Ensuring Safe Construction: Proper documentation and permissions related to the construction over or near a sewer or drain are essential for safety. These agreements often include requirements that construction is carried out in a way that protects both the structure and the infrastructure beneath it.

A Build Over Agreement is generally required when a construction project involves building over or near:

• Public Sewers: If the building will be constructed directly over or in proximity to a public sewer, a Build Over Agreement will be needed to ensure that the sewer can still be accessed for maintenance and repairs.
• Private Drains and Sewers: If the construction impacts private drains or sewers that serve neighboring properties, the agreement will help clarify responsibilities for upkeep and repair.
• Utility Lines: In some cases, utility lines (e.g., water, gas, or electricity) running beneath the property might require special consideration. A Build Over Agreement ensures that these lines are protected during construction.

The process of obtaining a Build Over Agreement typically involves the following steps:

1. Consult with Local Authorities: In many cases, the local water or utility company will be the entity that issues the Build Over Agreement. Contacting them early in the planning process is essential. In the UK, for example, this could be the local water company.

2. Submit Detailed Plans: You’ll need to submit detailed construction plans showing the location of existing sewers, drains, or utilities. These plans should illustrate how the proposed construction will impact or interact with these services.

3. Provide Relevant Documentation: This may include details about the intended construction, how you plan to ensure the structural integrity of the utilities, and any necessary safety measures. You may also need to provide proof of your ownership of the property.

4. Review and Approval: Once the application is submitted, the relevant authorities will review the proposed construction. They will assess whether the project will interfere with existing utilities and whether the construction complies with local regulations. If the plans meet the necessary standards, the agreement will be issued.

5. Compliance During Construction: After receiving the agreement, you’ll need to ensure that all work is carried out in line with the terms of the agreement. This may include taking extra precautions to protect the sewer or drain during construction.

A typical Build Over Agreement will cover several key aspects, including:

• Location of Existing Infrastructure: Detailed information about the location of the sewer, drain, or utility line beneath the site, including maps or diagrams.
• Construction Restrictions: Restrictions on the type of construction that can occur directly over the infrastructure, including limitations on heavy structures or deep foundations.
• Maintenance and Access Rights: An agreement on who will be responsible for maintaining the utility and providing access for repairs or future inspections.
• Repair and Modification Guidelines: Information about how any future repairs or modifications will be handled to ensure that the utility remains functional and accessible.
• Structural Integrity Requirements: Any structural requirements for the building to ensure that the construction does not damage or obstruct the utility beneath.