A construction agreement allows the water company to ensure that the work to be carried out will not adversely affect the underlying sewers and ensures that the water company continues to have sufficient access to the canal for repair and maintenance. If you plan to build nearby or via a public sewer, you should contact the water company before carrying out the work to determine its needs. There is another problem as to whether there should have been an agreement. In cases where public sewers were built without the consent required under the 2010 Construction Code, the usual penalties and enforcement measures apply. It will be difficult and time-consuming to determine whether the canal in question was originally a private sewer subject to the transfer of the private sewer regulation in 2011, and therefore it would never have been necessary to enter into a construction agreement, or whether the sewers in question were still public and whether a hold-up should have been carried out. It is certainly worth considering other options before submitting an application, such as: Avoiding sewers by modifying the plans – Divergence of sewers If the alternatives are considered, the only option is to ask the water company for a construction agreement, then an application should be made. Every water company has to go through different processes and bear different costs. 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. If you do not receive the necessary approval before construction, the water department can remove all structures that block access to the sewers and will not be responsible for the damage caused. It can also affect the future sale of your property, since your construction will likely be discovered via a public sewer if your buyer conducts a search during the transaction. Your lawyers will check the drainage report of the sewer plans and location to determine if part of your land appears to be 3 metres from a canal or runoff.
The other possibility is that the seller will provide the buyer with compensation insurance to protect against financial losses resulting from the construction of the property through a public sewer. It is the fastest and cheapest option, but whether or not insurance is available depends on the circumstances of each case.