Q. I’ve received a letter that a sewer is to be installed through my garden. Is this allowed to happen and can I stop it?
The water authority, Scottish Water, has powers under the Sewerage (Scotland) Act 1968 to construct sewers and pipes on or under any land that it does not own. Similarly, it can authorise third parties (such as developers) to exercise the same powers.
The legislation sets out a specific procedure that must be followed and requires notice, in a prescribed form, to be given to landowners (and occupiers) whose land will be affected by the proposed installation of the sewer. You should have received a letter detailing this information.
You have up to two months in which to object to the proposed work after the notice is served. If you don’t object, Scottish Water or the developer can come onto your land and carry out the necessary works without your permission.
If you do object, the works cannot start until your objection has been resolved, either because you reach agreement with Scottish Water or the developer or because Scottish Water or the developer refers your objection to the court for resolution.
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You are entitled to compensation from Scottish Water or the developer for any loss or damage caused by the works to your property.
It is best to seek advice as soon any such notice is received, to make sure the implications are fully understood, and that any objection is made promptly.
George Sismey-Durrant is an associate in the planning and environment team at Brodies
brief.encounter@thetimes.co.uk
