Under Section 185 of the Water Industry Act 1991, a builder or developer can request that a public sewer is altered, diverted or removed to allow a site to be developed. Where a public sewer crosses a site, a developer can submit a request to us to undertake a reasonable diversion of it.
Section 185 places a duty on Yorkshire Water to divert apparatus in land, upon receipt of notice from persons who have an interest in the land, as necessary to enable that person to carry out a proposed improvement of the land. This duty does not arise when apparatus is located in, under or over any street.
Diversion of public sewers under Section 185 of the Water Industry Act 1991 can be a protracted process. All parties involved (developers, consultants, contractors, project managers) need to be aware of the process, costs, legal and technical requirements and programme implications. Developers need to ensure that sufficient time has been included in their build programme for diversion of sewers before works associated with the development commences.
Legal and financial arrangements differ depending on who carries out the works.
The developer may be permitted to carry out the work when:
- the sewer is non-critical infrastructure; and
- the diversion is solely in land owned by the developer.
We can help determine how the diversion will be delivered, either:
- as part of a Section 104 Agreement constructed by the developer in conjunction with adoptable sewers;
- as a minor sewer diversion, constructed by the developer subject to an exchange of letters; or
- as a major sewer diversion, constructed by the developer under our supervisions or Yorkshire Water (constructed by one of our contract partners) and supported by a S185 legal Agreement.
In relation to turning flows at either end of the diversion, you must apply for a Section 106 connection application before doing so. In addition, any Section 185 legal Agreement must be signed before turning flows. Once the existing sewer flows have been diverted into the new pipework, the redundant sewer must then be abandoned in accordance with the developer’s Method Statement.