Section 102 of the Water Industry Act (1991) allows a developer or individual to apply to a water company to take over an existing private operating channel. In the event of redevelopment, the S102 process is usually followed when the new sewers are installed and put into service before the S104 agreement is signed and procedure S104 is no longer applicable. A smooth design and submission process often means that sewers are easier to accept and that attachment to the developer can be reduced – 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. The green border must go around the entire construction zone, because the green border must show all the houses that need to be fed by the sewers. 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. In most cases, it is simple, but in exceptional cases, such as. B a Section 104 agreement with a developer providing infrastructure for a larger development area, a wider green boundary is needed. You need to discuss your specific needs with the development services teams. 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.
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. In England, the proponent may, upon request of an adoption agreement, provide a mechanism for newly constructed private sewers and pumping stations that will be “adopted” by the local sewer authority, which they then maintain at their own expense.