Part IS General Provisions as to Sewerage

MiscellaneousS

21 Buildings not to interfere with sewers.S

F1(1)Unless with the consent of [F2Scottish Water], which shall not be unreasonably withheld, no building shall be erected [F3or embankment constructed] over, or in such a way as to interfere with or to obstruct access to, any sewer [F4or SUD system ] vested in [F5Scottish Water][F6or in respect of which [F7it has] made a determination under section 3A(2) of this Act].

(2)If any question arises as to whether consent under the foregoing subsection has been unreasonably withheld or as to what conditions should be attached to the consent, a person aggrieved may refer the question by summary application to the sheriff, whose decision in the matter shall be final.

(3)In this section “building” has the same meaning as in section [F855(1) and (2) of the Building (Scotland) Act 2003 (asp 8)].

Textual Amendments

F1S. 21(1): power to modfiy conferred (4.1.1995) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

F2Words in s. 21(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

F3Words in s. 21(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(18)(b); S.I. 1996/323, art. 4(1)(b)(c)

F5Words in s. 21(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F6Words in s. 21(1) added (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(18)(c); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F7Words in s. 21(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 24 (with s. 67); S.S.I. 2002/118, art. 2

F8Words in s. 21(3) substituted (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6 para. 2 (with s. 53); S.S.I. 2004/404, art. 2(1)

Modifications etc. (not altering text)