Drains & Sewers

Swindon Borough Council has produced a factsheet summarising the main information and provisions relating to drainage.  It can be downloaded using the following link:  Drainage Factsheet.

Drains are pipes, which carry waste and surface water, normally from one or more properties. When one drain meets another, it becomes a sewer.

NB; The gullies or grids that can be found in the road to take water off the highway are not drains or sewers, although they may drain into a sewer.  Road gullies are the reponsibility of the Highways team, who can be contacted on (01793) 466344.  The Highways Maintenance web page can be viewed by following this link: http://www.swindon.gov.uk/roadstransport/roadsandtransport-highways-maintenance.htm

How do I know if it is my drain that is blocked?

If your drain is blocked you will usually know because your waste will stop going away when you flush the toilet, or gullies outside will overflow. There will also probably be a smell. Private drains/sewers are the responsibility of the owner-occupier and any other properties connected to it.

• Drains may block because they are in poor physical condition and normal contents are not being cleared.
• They may be in satisfactory condition but have been abused by flushing away disposable nappies or other items such as plastic bags that should never be placed into the sewerage system.
• Excessive disposal of cooking fats and oils, along with other domestic products and DIY materials such as plaster, can cause blockage of the pipework.
• Tree roots entering a broken drain can also be a problem.

How do I report a blocked drain or sewer?

Thames Water Utilites Plc looks after the network of public sewers in Swindon Borough.

Problems with Public Sewers should be reported to Thames Water Utilities Plc by calling 0845 9200 800.  Their website can be found at www.thameswater.co.uk.

To determine whether the problem is on a drain that is a public or private sewer and who is responsible, the guidelines below will assist.

If the property is built before 1st October 1937, and so long as there are two or more properties connected to the length of sewer affected, it is most probably the responsibility of Thames Water to clear.

For properties built after 1st October 1937, all drains/sewers are the responsibility of the owner/occupiers and any other properties connected to it, unless it is the main public sewer.

What are Drains and Sewers?

Drain : A single pipeline, which conveys foul sewerage and/or surface water runoff from a single property. A drain is still a drain even if it goes past the boundary of your property until it joins a sewer.
Sewer : A pipeline, which normally conveys foul sewage and/or surface water runoff from more than one property. Sewers may either be public or private.
Public Sewer : A sewer, which has been adopted as a public sewer or was in use before the 1st October 1937 and is therefore the responsibility of the Statutory Undertaker (Thames Water).
Private Sewer : A sewer, which is not a public sewer. A private sewer is normally the responsibility of the owner/s of the property, which it serves. It may still be a private sewer under the public highway until it joins the public sewer.
Statutory Undertaker : in Swindon it is Thames Water Utilities Plc (www.thameswater.co.uk)

Who is responsible?

It is the responsibility of the owner/occupier to maintain and clear a private drain/sewer.
If the property is rented then it will depend on the terms of your tenancy agreement who is reponsible.
If you live in a row of houses then the problem could be a shared one.

The following diagram gives a simple illustration of who may be responsible for drains or sewers in some common circumstances.

It can be seen that all pipework draining a single property (No1) is a private drain and its maintenance is the responsibility of the owner of that house. (Nos 18 and 18a are maisonettes on the same plot of land and will normally be regarded as a single property by the Statutory Undertaker and their drainage remains private regardless of when constructed)
For houses built before 1st October 1937 all pipework serving more than one property will normally be a public sewer maintainable in Swindon by Thames Water Utilities Plc. (Houses 2-14 in the above diagram)
For houses built after 1st October 1937 all pipework serving more than one property will be a private sewer until it joins the public sewer (normally under the road) and is maintainable by all the house owners using it. In the example above houses 3-13 will be responsible for one sixth each of the cost of repair to the section of sewer running from the points where nos. 5 and 7 connect. If the defect or blockage is between nos. 7 and 9 then nos 9,11 and 13 will each be responsible for one third of the cost.
The main sewer in the road will normally be a public sewer whenever it was constructed.

Enforcing Statutory Legislation on drainage problems

Blocked / Foul Smelling Sewers Drains

Swindon Borough Council has a statutory duty in the interests of public health to ensure that blocked / foul smelling private drains are cleared and, where appropriate, to recharge the householders for this service. Any recharge is apportioned equally to all households feeding into the sewer up to the point that it is blocked and follows the serving of a notice.

The Council will become involved if...

..Private households, being served by a drain and/or private sewers are unable or unwilling adequately to deal with the problem. In these cases we are able to serve a Legal Notice requiring the work to be done. The work may be done by the Council in default of the owners. However this will be subject to an administration charge and it will normally be more economical for the owners to agree amongst themselves to arrange for the works to be carried out.

..Access is not possible or denied onto a property to investigate the situation. An Authorised Officer of the council may enter the property at any reasonable time to assess the extent of the problem.

..The council has reason to believe that a risk to public health exists and it is unlikely that the person(s) responsible will be able or willing to carry out necessary works.

The Council has a number of options for service of notice in respect of private drains and sewers using Public Health Acts, The Building Act and other provisions but legal action is complicated and can involve extra expense and delay.  The Council must recover its expenses reasonably incurred in enforcing drain/sewer clearance or repairs.   However, legal action should not be necessary where owners are aware of their shared ownership and clearance and repair will be quicker and cheaper if they can agree to have works carried out and share costs fairly among themselves.

If you feel that you are not solely responsible for a blocked sewer and need help in contacting your neighbours, or you have any further queries, please contact the Council for further advice on (01793) 466063

If your property was built before 1937 and your drainage problem appears to be in a section of drainage used by other properties or if it appears that the main sewer in the road may be blocked please contact  Thames Water Utilities Plc on 0845 9200 800.