A Build Over Agreement is a legal agreement between property owners and utility companies, often related to sewerage systems or water pipelines that run through or near private land. The purpose of this agreement is to ensure that property construction, such as extensions or new buildings, does not interfere with essential utility services. Here’s everything you need to know about a build over agreement and why it’s crucial when planning property renovations.
What is a Build Over Agreement?
A build over agreement is required when homeowners or developers plan to build over, or within a certain distance of, a public sewer or water line. These agreements allow the utility company to maintain access to their infrastructure while permitting property development that might otherwise encroach on this space.
Why Do You Need a Build Over Agreement?
Failing to secure a build over agreement could lead to several complications:
- Legal Issues: Without proper consent from the utility company, construction over a public sewer may violate regulations.
- Access Issues: Utility companies need access to maintain, repair, or replace sewers and pipes. If a building obstructs this access, it could lead to future legal disputes or costly demolition.
- Resale Problems: If you sell your property in the future, prospective buyers might require a build over agreement before completing the purchase to ensure that everything is legally compliant.
- Insurance Coverage: Not having a build over agreement might lead to complications with property insurance. Companies may not cover potential damages related to public sewers without this agreement in place.
When Is a Build Over Agreement Required?
You’ll typically need a build over agreement when:
- The proposed construction is within 3 meters (10 feet) of a public sewer.
- Your project could potentially disrupt access to existing public utilities, such as water mains or sewage lines.
For minor works, some companies offer a simplified self-certification process, but more extensive construction usually requires a formal agreement.
How to Obtain a Build Over Agreement?
Here’s a step-by-step guide to obtaining a build over agreement:
- Consultation with Utility Company: Contact your local water or sewer company to confirm the location of any pipes or sewers.
- Provide Construction Plans: Submit detailed plans of the proposed construction to the utility company.
- Inspection and Approval: The utility company will review your plans and may carry out an inspection to determine if the construction could interfere with their infrastructure.
- Drafting the Agreement: Once approved, a formal agreement is drafted between you and the utility company.
- Fee Payment: Typically, there is a fee involved, which varies based on the scope of work and the utility company’s policies.
Important Considerations in a Build Over Agreement
When drafting a build over agreement, consider the following:
- Foundation Requirements: You may need to reinforce or redesign your foundation to accommodate the utility lines beneath.
- Access Points: The utility company may require access points in your construction to reach sewers or pipes in the future.
- Inspection Costs: Additional inspections by the utility company may be required before, during, and after construction.
What Happens If You Don’t Get a Build Over Agreement?
Ignoring the need for a build over agreement can lead to several consequences:
- Legal Action: The utility company can take legal action to halt your construction.
- Financial Penalties: You may face penalties or be required to pay for damages.
- Compulsory Work: Utility companies can demand that you make alterations to your building to restore access to public infrastructure, which could lead to significant additional costs.
Common Misconceptions About Build Over Agreements
Some homeowners mistakenly believe they don’t need an agreement if the construction is only minor or temporary. However, even small projects that are close to public utilities may still require permission. Another misconception is that if the utility line doesn’t run directly beneath the house, no agreement is needed. Even proximity matters when it comes to public services.
Build Over Agreement Costs
The cost of obtaining a build over agreement varies depending on the utility company and the complexity of your project. Standard fees may range from a few hundred to a couple of thousand dollars. If additional inspections or work are needed, the costs can increase.
Can You Proceed Without an Agreement?
In rare cases, property owners may proceed without a build over agreement, particularly if the utility company does not enforce the regulation in your area. However, this is risky, as any future complications related to public sewers or water systems could lead to costly repairs, legal issues, or the invalidation of property insurance.
Build Over Agreement for Extensions and Renovations
Building an extension or a significant renovation project will likely require you to consider utility lines, particularly sewers. Any project near these lines must be carefully managed to avoid problems. If you’re adding an extension that crosses a public sewer, securing a build over agreement is critical for avoiding future issues.
Final Thoughts
A build-over agreement is essential for anyone planning construction near public utilities. It ensures that your project is compliant with legal and insurance requirements and that access to essential services like water and sewage is preserved. Without this agreement, you could face serious consequences, from legal disputes to the potential need to demolish parts of your construction.
For homeowners and developers, taking the necessary steps to secure a build over agreement will ensure smooth construction without interruptions or future complications.
FAQs
1. What is a build over agreement?
A legal agreement between a property owner and utility company to allow construction over or near public utilities while ensuring access for maintenance.
2. Why is a build over agreement necessary?
It’s needed to ensure that construction doesn’t interfere with public services like water and sewer lines and maintains access for repairs or replacements.
3. How do I apply for a build over agreement?
Contact the relevant utility company, submit your construction plans, and follow their process for approval.
4. Can I build without a build over agreement?
Technically yes, but it’s risky and could lead to legal, financial, and structural problems in the future.
5. How much does a build over agreement cost?
Costs vary, typically ranging from a few hundred to a couple of thousand dollars depending on the project and the utility company’s policies.
