What is a drain?

A drain is a pipe that carries either foul water (sink / bath / toilet etc.) or surface water (rain) from one house only. The owner or occupier of the house is solely responsible for maintaining a drain, clearing blockages and repairing any faults. Even when the drain extends outside the boundary of the property (for example under the road or under a neighbour's garden) the owner or occupier of the house served by the drain is responsible up, including the connection, to the sewer.

What is a sewer?

A sewer is a pipe that carries either foul water or surface water from more than one house. A sewer may be either Public or Private.

A Public Seweris a sewer adopted and maintained by the Water Utility Company, i.e. Anglian Water. The Water Company hold copies of the Public Sewer Maps showing the locations of these public sewers. A rule of thumb is if your house was constructed before 1^st October 1937 and you are on "mains drainage" you will more than likely be served by a public sewer.

A second type of Public Sewer was one built as a private sewer before 1^st October 1937 but as a result of a change in the law, became the responsibility of what is now the Water Company. Plans of this type of public sewer seldom exist. Each case has to be assessed using the evidence available.

A Private Seweris the responsibility of the owners or occupiers of the houses it serves (i.e. derive benefit from the use of) and not the Council. This means that the owners or occupiers of all houses upstream of a blockage or defect are all responsible for clearance of blockages or repair. If your house was built after 1^st October 1937 you will served by a private sewer. If you live in rented accommodation you should contact your landlord to clarify your responsibilities regarding sewers serving the property you are renting.

What can I do if my drain or private sewer blocks?

Several private contractors can be found in Yellow Pages. It is advisable to get a quote for the works before agreeing to employ a contractor. Where several houses are affected by a blockage in a private sewer you should attempt to agree to share the cost with each householder before employing a contractor.

An important factor that will reduce the number of blockages that occur in the first place is taking care of what items are actually pushed, poured, or flushed down a drain or sewer. The following items should never be put down a drain:

Cement, rubble, concrete, stones, engine oil, chemicals, fat, newspaper, magazines, nappies, sanitary products and other bulky items.

What can I do if a public sewer blocks?

Telephone Anglian Water on 08457 145145.

What happens if my drain or private sewer requires repair?

You should arrange for the repair to be carried out by a contractor. The cost of repairs to private sewers should be shared by the various householders. Your Buildings Insurance Policy may cover the cost of repairs; you should check your policy document or contact your insurers.

Asking the Council for help

If a pipe becomes blocked the Council can become involved in order to find out precisely where the defect has occurred and then identify who has responsibility for repairing the problem.

If an informal solution to the problem cannot be found it may be necessary to take statutory action. Legal Notices can be served by the Council requiring a sewer to be unblocked/repaired within a specified time. If the necessary works are not satisfactorily completed the Council has the power to carry out work and the cost of this can be recovered from the users.

The Council also produces an information leaflet A guide to drainage systems (pdf document).

Council Owned Properties

If you are a council tenant any blockages or problems relating to the drainage system should be referred to the housing advice office in the following ways:

• on-line;
• by e-mailing HousingRepairs@tendringdc.gov.uk;
• by letter or by returning one of our prepaid repairs cards;
• by telephoning the Housing Maintenance Section on 01255 686477 or our out-of-hours telephone number 01255 222022 for emergencies outside of normal office hours;
• by faxing 01255 686406; and
• by calling in person into Housing Reception at the Town Hall or any of our area offices.

Rural Drainage Systems

These are private drainage systems such as septic tanks and cesspools. Although generally these units are reliable and need little attention, in some cases problems can occur, including:

• Unpleasant Smells
• System blockages
• Flooding and fouling of land and nearby ditches

The responsibility for these types of rural drainage systems falls entirely on the householders. If such a system serves more than one property then each householder is responsible for his or her own drains until the point where it connects into a common part of the system. Any works or maintenance that is required to these common parts to repair some of the defects listed above is the joint responsibility of all householders served by the system.

The information contained on this web page is provided as advice and guidance on general drainage issues and is not a statement of law.

For further advice and guidance on drainage, and clarification as to responsibility please contact:

Environmental Services

Email: environmental.services@tendringdc.gov.uk
Address: Environmental Services, Council Offices, Weeley, Clacton on Sea, Essex, CO16 9AJ
Telephone: (01255) 686767

Some advice will vary from authority to authority so, if you do not live in the Tendring district, it is advisable to contact your own local authority. To find out who your local authority is, you can check your Council Tax bill or enter your postcode on the DirectGov - the Government information website www.direct.gov.uk