Drains, Sewers and Gullies

• Public sewers are the responsibility of |Thames Water.
• Clearing the surface water drains and gullies on the public highway is the responsibility of |Surrey County Council Highways Department.
• Road sweeping (leaves etc.) is the responsibility of the Council's |Environmental Care Team.

Many people do not realise that all households that use a drain and sewer have a responsibility to look after them.

Responsibilities for Sewers (as from 1 October 2011)

Water and sewerage companies in England and Wales are responsible for most private sewers (which were previously the responsibility of property owners).

For the entire Elmbridge area the sewerage undertaker is |Thames Water, who assumed responsibility for all existing drains, where they lie outside the property which they serve, and for all existing private sewers (drains serving more than one property).

This has changed who is responsible for the repair and maintenance of a drain or sewer and affects most houses.

For most properties the householder will still be responsible for the care and maintenance of the drains and sewers serving just their property but only for those parts which are within the boundary of their property.

Where a sewer runs outside the boundary of the property to join a public sewer then the part outside the boundary of the premises is now usually, a public sewer.

Where a sewer joins with the sewer serving another property then the shared part of the sewer become a public sewer regardless of whose land it runs through.

Special rules apply to drains and sewers serving blocks of flats.

For more information view |Thames Water - Important Changes to Private Sewer Ownership.

Cesspools

Under the Public Health Act 1936, it is an offence to permit a cesspool to leak, overflow or produce an effluent that is prejudicial to health or is a nuisance.

It is the responsibility of the owner or occupier of the premises to ensure that the tank is fully watertight and is emptied on a regular basis by a licensed contractor who disposes of the contents properly.

If you have a complaint regarding a private drainage system, please contact |Environmental Health & Licensing or complete and submit our |online complaint form.

The Role of Elmbridge Council

The role of the Council regarding drains and sewers is purely one of enforcement - we do not operate a drain clearing service.

Where the owner of a drain fails to get a blockage cleared and causes an environmental health problem, the Council can take formal legal action by serving a Notice on the owners of the properties connected to the drain upstream of the blockage, requiring them to clear it. If such a drain is defective and in need of repair, the Council can also serve a Notice on the owner of the property connected to the drain requiring them to repair it.

Failure to comply with such a Notice would be an offence for which the recipients could be prosecuted.