Part I

General Provisions as to Sewerage

Miscellaneous

Buildings not to interfere with sewers.
21
1
Unless with the consent of Scottish Water, which shall not be unreasonably withheld, no building shall be erected or embankment constructed over, or in such a way as to interfere with or to obstruct access to, any sewer or SUD system vested in Scottish Water or in respect of which it 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 55(1) and (2) of the Building (Scotland) Act 2003 (asp 8).
S. 21 extended by Control of Pollution Act 1974 (c. 40), s. 28(3)
S. 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)
Words 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
Words 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)
Words 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
Words 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)
Words 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
Words 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)
Words in s. 21(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 16; S.S.I. 2007/512, art. 2(c)