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 path to an agreement under Section 104 begins with an initial flood risk assessment and takes into account drainage requirements for the entire area to ensure that local surface water sanitation and drainage systems are taken into account and not overburdened. A Section 104 adoption contract must be concluded before construction of the canal begins. In addition, a 10% obligation of the estimated cost of construction is required. Residents` associations have administrative functions, but are not landowners. They must be contracting parties to the agreement in addition to the owner of the land. 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. 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.
Home / Features / Getting to Grips With… Section 104 Agreements In most cases, it is simple, but in exceptional cases, such as. B a Section 104 agreement with a developer providing infrastructure for a larger development area, a wider green limit is required. You need to discuss your specific needs with the development services teams. If you want to start your development, but you don`t yet have a full technical check or agreement signed in accordance with section 104, you need to request an early start. 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. The adoption code was introduced on 1 April 2020, meaning that all new applications in Section 104 must comply with the new design and construction code published by Water UK.