S104 Agreements

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S104 Agreements: What You Need to Know

If you`re involved in construction or development, you may have come across the term S104 agreements. But what are they? And why are they important?

S104 agreements refer to Section 104 of the Water Industry Act 1991. This section outlines the conditions and requirements that must be met when constructing new sewers or making changes to existing ones. In short, an S104 agreement is a legal agreement between the water company and the developer or property owner, which sets out the terms and conditions for the construction, adoption, and maintenance of sewers.

Why are S104 agreements important?

S104 agreements are important for several reasons. First and foremost, they ensure that the sewers are built to the required standards and specifications, and that they are capable of handling the necessary flow of wastewater. This helps to protect the environment and public health, as well as preventing flooding and other issues that can arise from poorly designed or maintained sewers.

In addition, S104 agreements provide clarity and certainty for all parties involved in the construction and maintenance of the sewers. By setting out the responsibilities and obligations of the developer, water company, and other stakeholders, they help to avoid misunderstandings and disputes down the line.

What do S104 agreements cover?

S104 agreements cover a wide range of issues related to the construction and maintenance of sewers. These include:

– Technical specifications: The agreement will specify the design standards, materials, and construction methods that must be used for the sewers, as well as any testing and certification requirements.

– Connection to the public sewer: The developer will need to obtain permission from the water company to connect the new sewers to the public sewer system. The S104 agreement will set out the conditions for this connection, including any fees or charges that may be applicable.

– Adoption by the water company: Once the sewers have been built and tested, the water company will inspect them to ensure that they meet the required standards. If they do, the sewers will be “adopted” by the water company, which means that they will take over responsibility for their maintenance and repair.

– Maintenance obligations: The S104 agreement will set out the obligations of the developer and/or property owner for maintaining the private sewers that serve their property. This may include regular inspections, cleaning, and repair work.

– Performance bonds: In some cases, the water company may require the developer or property owner to provide a performance bond as security for the proper construction and maintenance of the sewers.

How to get an S104 agreement

To obtain an S104 agreement, the developer or property owner will need to submit an application to the relevant water company. The water company will then assess the application and provide a quote for any fees or charges that may be applicable. Once the quote is accepted, the S104 agreement can be signed and construction can begin.

In conclusion, S104 agreements are an important part of any construction or development project that involves the installation or modification of sewers. By ensuring that the sewers are built to the required standards and that the responsibilities of all parties are clearly defined, they help to protect the environment, public health, and the interests of all stakeholders involved.