Severn Trent is now generally contacted by building inspectors for approval as part of the planning application process. Work near a public canal (usually within three metres) that does not require a building permit is also subject to approval, which can be requested directly from Severn Trent. Sometimes problems arise when owners try to sell their property, which is built in part or entirely through a public channel. Conservatories and extensions are the usual criminals. If a Build Over Agreement was not obtained when the work was done, then the water company has the legal right to enter the land to reach the canal, even if that means demolishing the building above the canal. However, if possible, the water company will avoid the damage and look for other ways to enter the sewers, but the risk remains. If a construction agreement has been reached, the water company has no right to remove or demolish the structure above the sewers. It is almost impossible to obtain information from the water service to confirm whether the building permit should have been issued or whether the sewers were previously private and were transferred following the transfer of the private canals regulation in 2011. This makes it difficult to satisfy a commercial lender that was not necessary to reach an agreement. A commercial lender must ensure that, in a situation where a sewer contractor needs access to a sewerage system located under land, the work does not affect the value of the property and the security of the bank, and there must be some certainty as to the liability of a legal minor to repair the damage in the absence of a formal construction agreement. The housing recidivism situation and the lack of building permits appear to be insurance for compensation. However, as commercial real estate lawyers know, insurance is much more expensive when it comes to commercial real estate. The answer is not clear.
The costs of studying the history of sewers under the ground must be incurred to meet the situation, or the costs must be borne by obtaining a compensation policy. One way or another, this is an uncomfortable situation that has not contemplated the transfer of the regulation to private channels and will probably only be more frequent, since real estate that would have been private before 2011 is now falling above the public. During the extraction process, a drainage search is usually conducted to determine if there is a public channel below the site.