Section 104 of the Highways Act







Section 104 Agreement of the Water Industry Act 1991 allows developers to enter into agreements with local water authorities for the adoption of sewerage systems within new developments. Under a Section 104 Agreement, developers can request the water authority to take over the responsibility for the maintenance and upkeep of newly constructed sewer systems, including all pipes, drains, and related equipment, once they have been completed according to the agreed standards.
This legal arrangement ensures that the necessary infrastructure is constructed to a standard that the water authority deems acceptable for adoption. Upon completion, the responsibility for the sewer systems shifts from the developers to the water authority, ensuring long-term maintenance at no further cost to the developer.
These agreements are critical for developers as they provide assurance that the essential infrastructure will be maintained without imposing additional long-term financial burdens on the project. By securing a Section 104 Agreement, developers confirm that their developments are equipped with high-quality, sustainable sewerage systems that meet regulatory standards and provide reliable service to residents.
Section 185 of the Water Industry Act 1991 provides a framework for developers to request the alteration or removal of existing public sewers, drains, or disposal mains to accommodate new development projects. This legal provision is crucial when existing wastewater infrastructure conflicts with planned developments, requiring re-routing or other modifications to proceed with construction.
Under a Section 185 Agreement, developers formally apply to the local water authority to propose changes to the sewerage system. The agreement outlines the responsibilities of the developer to ensure that all modifications are executed to the water authority’s standards, and often includes provisions for covering the costs associated with the alterations.
The process ensures that any necessary modifications to the public sewer systems are handled professionally, maintaining the integrity and functionality of the overall sewer network. It also protects the interests of the public and the environment by ensuring that changes do not adversely affect the existing sewage disposal system.
By securing a Section 185 Agreement, developers are able to proceed with their projects knowing that all modifications to sewer systems are sanctioned by and compliant with local water authority regulations, ensuring a smooth continuation of public and environmental services.



Conclusion
The significant cost benefits and value addition provided by structural engineers across various projects, from tackling subsidence with pile foundation solutions to ensuring the success of loft conversions, are undeniable. Their critical input makes every construction and renovation endeavor more secure, efficient, and valuable, underscoring the importance of their role in the industry.
Investing in the services of a skilled structural engineer is a strategic decision that enhances project outcomes on every level.