Section 104 Agreement Suds

Home / Features / Getting to Grips With… Section 104 Agreements A smooth design and submission process often means that sewers are easier to accept and that borrowing can be returned to the developer – often leading to a faster and more cost-effective construction program. For water management strategies to be successfully approved and for an agreement to be reached under Section 104, it is important to assess the needs of each site in order to provide the optimal solution. A Section 104 adoption contract must be concluded before construction of the canal begins. In addition, a 10% obligation of the estimated cost of construction is required. A Section 104 agreement (under the Water Industry Act 1991) is an agreement between a developer and a sewerage company for the adoption of sewer systems for development. There are strict rules for getting an agreement that can be a minefield for developers. The process is often on the critical path of a project and decisions related to it can have a huge impact on costs. In Wales, mandatory building standards require that an agreement be in place under Section 104 before development can progress. Since this legislation is likely to be implemented in England, it is essential that all stakeholders in housing projects understand the process. The newly elected Conservative government has committed to creating 275,000 affordable housing units by 2020. In this context, the volume of applications for section 104 agreements is expected to increase exponentially. To avoid delays and additional costs for their projects, developers need to consider drainage planning and make important decisions – including material selection – as soon as possible.

When designing, commissioning and maintaining piping systems for adoption in Section 104 agreements, developers and their selected designers have a plethora of product and material options and a number of considerations to consider. In order for our legal department to proceed in the preparation of the agreement, the details of the warranty and copies of the necessary subscriptions must be sent to Southern Water one week after the notification that Southern Water accepts your suggestions. If three signatures are required for the agreement, we will need ten copies of all agreed drawings to be attached to the treaty and three additional copies for each other signatory. Please note that no changes to this Agreement are accepted. Attempts to amend the agreement will result in increased delays and legal costs. The path to an agreement under Section 104 begins with an initial flood risk assessment and takes into account drainage requirements for the entire area to ensure that local surface water sanitation and drainage systems are taken into account and not overburdened. Sewers must be designed and constructed to meet sewer requirements for disposal and appropriate clearances must be available. If the connection to public sewers is necessary, a request to connect to the canal must be made in accordance with Section 106 of the Water Management Act. Good planning and construction begins with an understanding of both location considerations and constraints. The type of drainage material should be considered at the beginning of the project, preferably in the management planning.

Southern Water agrees that the concept that the flow of development areas should mimic the area before being developed is sound, but it must be recognized that much of the area that will be drained after development has a land drainage origin. Sewerage companies are not responsible for this element, so systems that can handle both piping and original flows need to be designed. Surface depreciation meets the objectives of the Environment Agency, sanitation companies and landowners in an environmentally friendly manner and at economic costs. The consultant engineer performs