This information is intended to explain the difference between public and private sewers, who is responsible, the Council’s involvement and who to contact for assistance.
Public and private sewers
People often use the terms ‘drain’ and ‘sewer’ loosely without really understanding what they mean.
What is a drain?
A drain is a pipe that only takes water from a building (or buildings within the same property boundary). It may be surface water (e.g. rainwater from roofs and paved area) and/or foul water (e.g. kitchen, bathroom or toilet waste). The responsibility for unblocking or repairing any defects in a drain lies with the owner or occupier of the building. Note: the problem may be beyond the boundary of the building, or even under a road or pavement. A drain is still a drain even if it goes past the boundary of your property until it joins a sewer.
What is a sewer?
A drain becomes a sewer from a point at which a pipe takes water from two or more buildings that are not within the same property boundary. A sewer that was constructed after 1 October 1937 is called a private sewer unless it has been adopted by the water authority. In Waltham Forest Thames Water Utilities plc is the water authority.
The law requires that the owners or occupiers of the properties that use and connect into the sewer above the point of blockage, to remove the obstruction and/or repair it. They must all keep it in good condition, regardless of whose land the drainage problem is located.
Sewers constructed before 1 October 1937 are known as public sewers. Thames Water is responsible for clearing blockages, maintaining and repairing public sewers.
There is often a separate drainage system for rainwater. This must never have waste or foul water discharged in them. It is an offence to connect washbasins, washing machines or dishwashers to the surface water system as this may lead to pollution to water courses and subsoil waters.
Main sewers in the road are normally public sewers irrespective of when they were constructed.
The Council do not own any drains or sewers, except those serving its own properties. The Council is responsible for highways drainage but this is separate from drainage of buildings.
The Council may become involved if ….
Private households being served by a drain and/or private sewers are unable to adequately deal with the problem. In these cases we are able to serve a legal notice requiring the work to be done. The work may be done by the Council in default of the owners.
The Council has a number of options for service of notice in respect of private drains and sewers using Public Health Acts, and other provisions but this can involve extra cost and delay. Legal action should not be necessary where owners are aware of their shared ownership and clearance and repair will be quicker and cheaper if they can agree to have the works carried out and share costs fairly amongst themselves.
Drainage problems contact details
If you feel that you are not solely responsible for a blocked sewer and need help in contacting your neighbours, or you have further queries, please contact Environmental Health on 020 8496 3000.
If your property was built before 1937 and your drainage problem appears to be in a section of drainage used by other properties or if it appears that the main sewer in the road may be blocked please contact Thames Water Utilities plc on 08459 200800.
Contact us
Environmental Health
Environment and Regeneration
Waltham Forest Council
Sycamore House
Forest Road
Walthamstow E17 4JF
email wfdirect@walthamforest.gov.uk
tel 020 8496 3000
