What is a drain?
A drain is used for the drainage of one building or of buildings or yards appurtenant to buildings within the same curtilage, and includes any manholes, ventilating shafts, pumps or other accessories belonging to the drain. It can convey foul water (sink / bath / toilet etc.) and/or surface water (rain).
The owner or occupier of a house is solely responsible for maintaining a drain, clearing blockages and repairing any faults. Even where the drain extends outside the boundary of the property (for example under the road or under a neighbour's garden) the owner or occupier of the house served by the drain is still responsible, right up to the main public sewer (see diagram below).
What is a sewer?
A sewer is not a drain, but basically drains buildings and yards from more than one curtilage and includes any manholes, ventilating shafts, pumps or other accessories belonging to the sewer.
A sewer may be either public or private.
A Public Sewer is a sewer adopted and maintained by Severn Trent Water Limited. Such sewers are normally larger diameter and found under the highway, but can be anywhere. A sewer under a highway is not automatically a public sewer. The Council and Severn Trent Water Ltd. hold copies of the Public Sewer Maps showing the locations of public sewers. If a sewer is not shown on the Public Sewer Map it will be assumed private unless you can prove otherwise.
A second type of Public Sewer (previously known as a “Section 24” sewer) is one that was one built as a private sewer before 1st October 1937 but then, as a result of a change in the law, became the responsibility of Severn Trent Water Ltd. Plans of this type of public sewer seldom exist, although the council do hold some records, so each case has to be assessed by Severn Trent Water Limited using the evidence available. A site survey will often be required.
A Private Sewer means a sewer which is not a Public Sewer and is the responsibility of the owners or occupiers of the houses it serves. This means that the owners or occupiers of all houses upstream of a blockage or defect are all responsible for its clearance or repair, again this includes any accessories belonging to the sewer. If you live in rented accommodation you should contact your landlord to clarify your responsibilities regarding sewers serving the property you are renting.
In the below diagram, if a blockage occurs at "A", clearing it will be the responsibility of Severn Trent Water Limited. If a blockage occurs at "B", clearing it will the joint responsibility of the owners of numbers 9, and 11 even though it is in the garden of number 11.
What if I rent my property and I have a problem?
If you rent your property and you have a problem with a drain of sewer, then you should contact your landlord in the first instance.
If you are a Council tenant then you should contact:
Dudley Borough Direct
0300 555 8283.
