Build over sewer - walk away?

[mini2]

Made an offer to buy a place, got that accepted but haven't signed the contract yet (thank gawd) and the conveyancer have picked up this little beauty:

"There Drainage Diagram shows the sewer mains as running a few metres inside the rear boundary of the property and appears part of the house is constructed over the sewer mains. We require a Building over Sewer Letter to be provided by the vendor as a matter of urgency."

Meanwhile the conveyancer is harassing the vendor's solicitor for the letter and he did comment even if a letter exist, there is still a possibility that the letter will say "no record of Build over sewer approval was given, however in this circumstances, Sydney water will not object to the structure remaining in the present state but will not accept responsibilty for claims of damage arising out of the presence of property of the sewer..."

It's in West Pennant Hills and should I walk away or use this as a leverage to talk the price down?

 

[Jake Milne]

Sewerage mains and associated pipes are built to last between 50 years - 100+ years depending on what they're made of.

They usually require very little maintenance and in most cases owners with mains or pits in their property will never notice that they're there.

In the case of a blockage or other minor issues, due to the advancement of plumbing technology, most of the time these are fixed remotely which results in very little to no damage of an owner's property.

There is however a very small chance that the mains could severely malfunction. This may mean that the land around the affected area is excavated and any structure in the way would need to be destroyed.

No state government body will take responsibility for damages due to the aforementioned. The onus is on the vendor.

What you want to do is talk to an insurance broker and see if there is any difference to the cover you can get and the associated premiums.

As long as you're insured it shouldn't stop you from purchasing the property unless you're not satisfied with the small chance of your house blowing up in a cloud of poo.

One other consideration is if you're planning on extending the house at some stage ...you wouldn't want to continue to build over the sewerage lines.

 

[Propertunity]

You can apply for a BOS or BAS (build over or adjacent to sewer) letter and pay by credit card and have it in 1-2 days. The vendor will likely not have it. It would be rare for a property to have been built over sewer without approval.

It won't be a negotiating point. Just get the letter.

 

[jaspn]

Thinking forward, will this affect you selling the property in the future?

 

[chilliblue]

Contact Sydney Water directly (132090) and ask them if they have the approval on file.

Just let them know that you are buying the property and whilst they will not give you a copy you will at least you will know if there is approval.

If there is no approval:

- it may mean that the sewer may not be concrete encased and this could lead to issues to your private lines at a later stage

- if access is required, then anything over the sewer will be removed and the cost of rectification will be yours to bear

- you will need to advise your insurer of the potential issue and many may not cover you for the potential risk

 

[mini2]

Thans chilliblue, gave Sydney Waters a call (it's 132 092 btw) and advised that there are no approvals on file.

 

[Scott No Mates]

Thans chilliblue, gave Sydney Waters a call (it's 132 092 btw) and advised that there are no approvals on file.

In that case, run for the (Pennant) Hills

 

[mini2]

To put things into perspective...there's a tiny corner of the house that may sit within the 1.25m area.

http://i41.tinypic.com/f0avbn.jpg

 

[Propertunity]

Thans chilliblue, gave Sydney Waters a call (it's 132 092 btw) and advised that there are no approvals on file.

Sydney Water will not have old records on their files. To see if it was approved to be built over, you need a “Building Over/Adjacent Sewer Letter”

They outsource to other companies to do these searches. This can be found on Sydney Water’s website: http://www.sydneywater.com.au/SW/yo...ing/Certificates-documents-diagrams/index.htm

If you choose Tri Search, anyone can order the Building Over/Adjacent Sewer Letter and pay by Credit Card over their website.
http://www.trisearch.com.au/site/SydneyWater.html

 

[Jake D]

To put things into perspective...there's a tiny corner of the house that may sit within the 1.25m area.

http://i41.tinypic.com/f0avbn.jpg

So not over the pipe itself, more like within the easement.

This is less of a problem.

 

[mini2]

Move along, nothing to see....

Got the BOS letter and that was approved yonks ago. Thanks for your help

 

[Edmond Dantes]

To put things into perspective...there's a tiny corner of the house that may sit within the 1.25m area.

http://i41.tinypic.com/f0avbn.jpg

I Looked at the diagram, read poo instead of pool lol. All this thread was in my head when i looked at it!

 

[mini2]

I Looked at the diagram, read poo instead of pool lol. All this thread was in my head when i looked at it!

LOL the poo bit...my ms paint skills is somewhat lacking I must admit

Went to double check on the property on the weekend, looks like it wasn't really an issue anyway - at the furthest point of the building which is closest to the sewer easement is at least 1.5m.

 

[nhg]

That is for the Sydney Water easment.

Out of curiousity, what about the pipe from the mainline to the house through my backyard. It's mine I can build over it at my own risk?

 

[chilliblue]

If it is private line yes. However, like the answer to any SW pipes, something goes wrong and you need to dig it up you would want access.