Section 104 Agreement Explained

The adoption of a drainage system by a section 104 agreement concerns a drainage system that drains private areas (such as roofs and driveways) as well as the drainage of highways (if both flow into the same pipeline system). The last authority to adopt is the Sewerage Undertaker. The cost of entering into such an agreement depends on the size of the development and drainage system required. The power of contractors to enter into such an agreement is included in WIA 1991, s 104 (as amended by the Water Act 2014). Home / Features / Getting to Grips With… Section 104 Agreements 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. 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. An agreement under Section 106 allows for a new connection to an existing public sanitation system.

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. 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. This agreement allows the acceptance of a sewer or weir by a sewer company. What information does an application need? Obviously, the form contains the basics of the site, the developer and all other parties to the Section 104 agreement, as well as the relevant planning conditions, the number of properties, the initial occupancy date and other standard details. A sewer acceptance agreement may also be reached if there is an agreement under section 160 of the Water Industry Act 1991 (WIA 1991), so that the contractor agrees to carry out infrastructure sewer work at the individual`s expense.

Existing drainage systems can also be proposed for adoption through a Section 102 (Water Industry Act 1991) agreement.

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