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Building Act 1984

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21Provision of drainage.E+W

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any question arising under subsection [F2(4) below]between a local authority and the person by whom, or on whose behalf, plans are deposited as to [F3whether a proposed drain shall be required to connect with a sewer] may on the application of that person be determined by a magistrates’ court.

(4)[F4Where plans of a building or of an extension of a building are, in accordance with building regulations, deposited with a local authority, the local authority, or on appeal a magistrates’ court, may require a proposed drain to connect with a sewer where]

(a)that sewer is within one hundred feet of the site of the building or, in the case of an extension, the site either of the extension or of the original building, and is at a level that makes it reasonably practicable to construct a drain to communicate with it, and, if it is not a public sewer, is a sewer that the person constructing the drain is entitled to use, and

(b)the intervening land is land through which that person is entitled to construct a drain.

(5)Notwithstanding paragraph (a) of subsection (4) above, a drain may be required to be made to connect with a sewer that is not within the distance mentioned in that paragraph, but is otherwise such a sewer as is therein mentioned, if the authority undertake to bear so much of the expenses reasonably incurred in constructing, and in maintaining and repairing, the drain as may be attributable to the fact that the distance of the sewer exceeds the distance so mentioned.

(6)If any question arises as to the amount of a payment to be made to a person under subsection (5) above, that question may on his application be determined by a magistrates’ court, or he may require it to be referred to arbitration.

[F5(7)This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).]

Textual Amendments

F1S. 21(1)(2) repealed (1.4.2002) by S.I. 2001/3335, reg. 3(1) (with reg. 4)

F2Words in s. 21(3) substituted (1.4.2002) by S.I. 2001/3335, reg. 3(2)(a) (with reg. 4)

F3S. 21(3)(a)(b) substituted for words (1.4.2002) by S.I. 2001/3335, reg. 3(2)(b) (with reg. 4)

F4Words in s. 21(4) substituted (1.4.2002) by S.I. 2001/3335, reg. 3(3) (with reg. 4)

F5S. 21(7) added (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 26(1) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)

Modifications etc. (not altering text)

C1Ss. 21, 22, 23 extended by S.I. 1987/798, regs. 2(1), 4

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