What is a Section 104 Adoption Agreement:
When a new development is planned, the Developer has the opportunity to construct the sewers using approved materials and to a standard which makes them suitable for adoption by the sewer provider when construction is complete. An adoption agreement can be entered into under Section 104 of the Water Industry Act 1991 prior to the sewers being built. This is the most desirable arrangement and if all new developments were covered by such adoption agreements, there would be few, if any, new private sewers on housing estates. However, there are many kilometres of existing private sewers that were built without an adoption agreement in place. Section 102 of the Water Industry Act 1991 provides for the adoption of such sewers to be considered.
It is important to draw a distinction between sewers, drains, lateral drains, and developments
Development Example 1: Fronting Existing Highway
Separate developments connected to the public sewer each with own adopted lateral drain
Development Example 2: Drains Not Adopted within Development boundary
Adopted lateral drain connecting development to sewer
Development Example 3: Drains Adopted within development boundary
Adopted lateral drain connecting last house. Adopted Sewer for connecting all other house
Thames Water (Section 104 adoption agreement)
Unfortunately TW do not differentiate between development examples.
The adoption process and fees for example 3 are applied to examples 1 & 2.
Drawnings: (example page 3)
Drawings to comply Thames Water local practice and in conjunction with the Design and Construction Guidance for foul and surface water sewers offered for adoption under the Code for adoption agreements for water and sewerage companies operating wholly or mainly in England (“the Code”)
Fees: (example page 4)
Same fees for 1 or 100 properties (only change in fees is the value of construction costs).
Time Scale: (process example page 5)
Approval acceptance period between 6 to 8 month.
Example drawing for section 50 licence pre May 2023
Example drawing for section 50 licence post May 2023
Thames Water Fees & Indicavative On-Costs
Thames Water S104 Adoption Proccess