Water reform: how might this impact you?

The new Secretary of State for Environment, Food and Rural Affairs has announced his plans to overhaul the water sector. Whilst most of this appears to be aimed at the water companies and their discharges into watercourses, it is likely that this will filter down to affect farmers and landowners. Here are our top tips to make sure you are compliant with the current rules:

• Septic tanks: If you have a property which is served by a septic tank or sewage treatment plant, where does it discharge to? If it goes into a watercourse, underground drain or ditch, do you need a permit from the Environment Agency? The rules around septic tanks are complex but if you don’t have the right permit, or your system is not compliant for other reasons, this can cause issues if you sell your property or want to mortgage it.
• Abstraction licences: Do you take over 20 cubic metres a day of water from a borehole, well or spring? If so, you may need a licence from the Environment Agency. If you are buying a property with a licence, consider a retention – a sum held back by the buyer’s solicitor – until the licence has been transferred to you. We have seen the Environment Agency calling these licences back in when properties are sold.
• Watercourse and ditch responsibilities: If your land has a watercourse or ditch through it or on its boundary, you have responsibilities to keep this clear of any obstructions. It is a criminal offence if you fail to do this. With the increased flooding due to climate change, we expect to see the Environment Agency enforcing this against landowners. In addition, you must not pollute the watercourse by putting waste water, chemicals or anything else into the water unless you have a permit to do so.