Section 104 Licensing: What’s Changing?

If you’re a developer, you’ll be pleased to hear that we like to save our clients time and any hassle when it comes to drainage paperwork. If you want to avoid unexpected surprises, resulting in delays, frustration on the part of your buyers, and further expense, then leave your paperwork and drainage projects to us.

The news from us is, Section 104 Agreements are changing, developers now need to get the whole job adopted, and we want to make sure you don’t get caught out by these changes.

No time to read the article, but have a Section 104 Agreement pending or delayed?

Give us a call on 01268 950050 and we’ll be happy to help.

Changes to Section 104 Procedures

In our recent on-site experience, it seems that since the Section 104 has changed, developers are being asked to get the whole job adopted, agreed and approved by the Local Water Authority.

How is this different to previous workings? In the past Section 106 consent was the main connection to the build access which had to be granted. However, now the new Section 104 procedure is in place, this means not only do you need a Section 106, but the connection to the build also needs to be granted approval and correct licences via a Section 104.

This makes the whole process a lot more complicated in terms of correctly complying with the paperwork requirements, and it also makes the timeline much longer for developers who are trying to manage the paperwork themselves.

 What is a Section 104 Agreement?

A section 104 agreement (under the Water Industry Act 1991) is an agreement between a developer and Local Water Authority for the adoption of any sewers serving the development.

This agreement means the newly constructed private sewers or pumping stations will be looked after by the Local Water Authority and any costs of this maintenance will be me by them once they are officially adopted.

A Section 104 agreement application must be made before a drainage contractor can begin the construction of a new sewer. According to Thames Water “The new Code for Adoption recommends that you don’t start constructing any new assets you’d like us to adopt until all parties have signed the legal Section 104 agreement.”

The new Code for Adoption was introduced on 1 April 2020, replacing the previous ‘Sewers for Adoptions’ guidelines, which means that all new section 104 applications need to be compliant with the Design and Construction Guide published by Water UK, under this new code.

What Paperwork do I Need for a Section 104 Agreement?

Check with your Local Water Authority for the most up-to-date information. You will typically need to supply:

  • A developer programme, including details of construction phasing, surface water strategy and SuDs.
  • A location plan in line with your LWA’s specific requirements.
  • Longitudinal sections of the sewer and rising mains.
  • Copies of hydraulic design calculations.
  • Manhole schedules.
  • An adoptable drainage layout.

Take a look at our detailed blog to find out about the timelines, requirements and costs of a Section 104 Agreement.

Getting Help: Section 104 Paperwork

Planning in advance is essential. Drainage paperwork is often the overlooked part of development, and this can have catastrophic effects in terms of delays and rising site costs, not to mention unhappy homebuyers.

Using drainage experts like us for your drainage paperwork and project, means we can take care of the whole process for you – from grants, to licenses and mapping, all the way through to adoption. If you use a drainage specialist like PDS, it will reduce the potential for costly resubmissions and delays on site. We will help with everything from planning to paperwork, liaising with the Local Water Authority and finalising the agreement.

Why Use Premier Drainage?

At Premier Drainage Solutions, we can save you all the hassle involved in preparing for, submitting and finalising the Section 104 Agreement. We already have the knowledge to produce a compliant plan, so the process will be smoother and quicker if you work with us.

We are approved contractors for Thames WaterSouthern Water and Anglian Water. This means we also have everything in order that a Local Water Authority would need to see: a health and safety policy, public liability insurance, quality assurance standards, details of previous sewer connection works, and confined space trained personnel for entering a manhole.

So, what is the best way to get a Section 104 Application done and dusted without any fuss? Leave it to the experts. Give us a call and we’ll make it happen: 01268 950050.

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