it is a public sewer and the water works board have advised that best practice would be to have our neighbours have access to the sewer on their property
Decodiva,
I'm sorry to hear this but you may have major problems proceeding with the work.
The issue arises as to whether your new build is to be built over the public sewer or near to it.
Others have referred to this thread
http://www.askaboutmoney.com/showthread.php?t=132674
Post #5 therein states the current position for works in Dublin City Council's functional area. This is based on a law which covers the country.
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"6. BUILDING CLOSE TO A PUBLIC SEWER.
In order to protect the public drainage infrastructure on or adjacent to a site, the following conditions will apply:
6.1. No building may be constructed over the line of a public sewer; as per the Public Health Act 1878. The Local Sanitary Authority requires a minimum clear distance of three metres to be maintained between sewers and all structures on site, including basement and foundations. Details of overhanging structures such as balconies must be agreed with the Local Sanitary Authority. This minimum clear distance will be increased if the sewer is greater than 3m deep or is greater than 375mm in diameter. See GDSDS Technical Documents on New Developments for more information.
6.2. Foundation layout shall be submitted for the written approval of the Local Sanitary Authority, to show that no extra building load will be placed on the sewer.
6.3. A sewer condition survey (CCTV) of the sewer shall be carried out at the Developer's expense both before and after construction, to the requirements of the Local Sanitary Authority. Any damage to the sewer shall be notified to the Local Sanitary Authority and rectified at the Developer's expense. For further information and guidance see the Greater Dublin Strategic Drainage Study, Volume 2, New Development Policy. "
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This Quotation
Please note all the instances of "
shall" in this passage, whether it is to do with building over a public sewer or near to it.
"Shall" means the requirement mandatory, not optional/ discretionary.
Item 6.2 above seems to arise in relation to building "near" a public sewer, given the prohibition in Item 6.1 previously.
Local Authority
In relation to the document itself the only comfort I can offer is that it is Version 6.0 and it stated to be a draft on the cover - see the original thread for the link.
It may therefore not have in and of itself, force of law, but I have been rold by DCC that this is their working reference.
You should consult with the local authority Environmental Services Section and discuss this matter in full with them - before proceeding.
Competent Advice
Evidence of rights of way, easements and wayleaves is not always visible to the eye.
Issues that are not visible on the ground. or are hidden or are undergound can be most difficult to evaluate.
Even highly qualified and experienced persons can come across something which falls outside their experience from time to time.
Protection for members of the public and achieving competence in specialist matters - and building over drains is not normal - rests not with titles or qualification per se.
Competence can rest on whether the person offering advice has been diligent and researched the issue properly i.e. asked all the questions of the relevant persons and consulted the relevant legislation.
It also rests on the experience of the person you ask and having a meeting on site with an experienced person from the Council may yield the best resolution - after all, they are the ones who'll need access to the drain.
Legal Advice and Wayleaves
You should seek
competent legal advice in relation to the private drain on your site.
I stress the word "competent" here because I ran into a lot of difficulty once due to relocating an existing drain on a site
There was a lot of agremenet about what to do with the drain no agreement as to how best to resolve matters legally between the parties.
We had differing opinions from the client's own solicitor and a Senior Counsel whom he queried and from whom we obtained a Counsel's Opinion.
My own reading of The Law of Easements and Profits á Prendre, which deals
inter alia, with waleaves, rights of way and easements, suggested 4 resolutions.
You need definitive competent advice on the legals and relying on the local authority may not be the best way forward, expecially if you are in dispute or likely to be - take legal advice.
FWIW
ONQ.
[broken link removed]
All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent persons should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
My best advice is that you should retain a competent building professional to advise you on these matters.
