Developers in England can provide their own remediation infrastructure, but the assumption is optional. Developers may choose to “ask” their local remediation company to accept these positions (WIA 1991, s 104 (2)). Home / Features / Getting to Grips With… Section 104 Agreements A sewer acceptance agreement may also be reached where an agreement is in effect under section 160 of the Water Industry Act 1991 (WIA 1991), so that the contractor agrees to carry out infrastructure sewer work at the expense of the person concerned. What information does an application need? Obviously, the form contains the basics of the site, the developer and all other parties to the Section 104 agreement, as well as the relevant planning conditions, the number of properties, the initial occupancy date and other standard details. A smooth design and submission process often means that sewers are easier to accept and that attachment to the developer can be reduced – often leading to a faster and more cost-effective construction program. For water management strategies to be successfully approved and for an agreement to be reached under Section 104, it is important to assess the needs of each site in order to provide the optimal solution. Section 102 of the Water Industry Act (1991) allows a developer or individual to apply to a water company to take over an existing private operating channel. In the event of redevelopment, the S102 process is usually followed when the new sewers are installed and put into service before the S104 agreement is signed and procedure S104 is no longer applicable.

A Section 104 agreement (under the Water Industry Act 1991) is an agreement between a developer and a sewerage company for the adoption of sewer systems for development. There are strict rules for getting an agreement that can be a minefield for developers. The process is often on the critical path of a project and decisions related to it can have a huge impact on costs. In Wales, mandatory building standards require that an agreement be in place under Section 104 before development can progress. Since this legislation is likely to be implemented in England, it is essential that all stakeholders in housing projects understand the process. The Section 104 agreement results in a drainage system that drains private areas such as roofs and driveways, as well as highway drainage. The cost of entering into this type of agreement depends on factors such as the size of the development and the system required. Appropriate information must be provided to enable the Authority to determine whether sewers are suitable for acceptance.