|
Senior Agriculture and Rural Land Solicitor Buying a property with a private water supply
Many rural properties are not connected to a commercial water network, instead relying on private water supply systems to serve their homes, farms, and businesses. While these systems offer independence and flexibility, they also entail responsibilities and potential challenges. Knowing the basics of rural water sourcing is essential for anyone buying a property with a private water supply.
Another issue for buyers to consider is that rural properties may have once been part of a larger estate or farm that has since been divided. The deed outlining rights and responsibilities regarding the water supply may have been lost or never created.
Buying a property with a private water supply: Types of supply
Individual wells
The most common solution in rural areas is the private well. A well reaches underground aquifers, providing a reliable water supply if built and maintained properly. The depth and yield of a well depend on local geology and water table levels.
Wells provide independence from the water network and are generally reliable and cost-effective. However, factors to consider include your responsibility for well maintenance and water testing. Also, bear in mind your potential vulnerability to contamination or drought. The increase in prolonged periods without rain in recent years has led to reports of more wells drying up.
Additionally, the cost of surveying and drilling a new well can be high.
Shared wells
Some properties share a well, drawing water under a legal agreement that outlines usage rights, maintenance responsibilities, and cost-sharing.
The advantages are lower per household installation, water testing, and maintenance costs. However, there is the potential for disputes, particularly if the agreement is informal or vague, or if access is required to another person’s property for well maintenance and water testing.
Surface water sources
Some properties depend on streams, ponds, or lakes for a domestic, agricultural, or commercial water supply. These systems require filtration and treatment and are often impacted by environmental regulations and seasonal fluctuations.
Rainwater harvesting
Rainwater harvesting, often used as a supplemental water source, collects runoff from rooftops and stores it in tanks. It is used mainly for irrigation, livestock, or secondary household purposes, but with proper treatment, it can become suitable for drinking. Although sustainable and environmentally friendly – and particularly useful in areas with high rainfall or limited groundwater – rainwater harvesting has its limitations, particularly storage.
Legal and regulatory considerations
In England, private water supplies are regulated by the Private Water Supplies (England) Regulations 2016 (amended in 2018) (“the Regulations”). The Regulations outline the responsibilities of local authorities regarding the safety and adequacy of private water supplies and grant them powers to take enforcement action against “relevant persons”. A relevant person is broadly defined, but includes the owner or occupier of:
- premises served by the water supply.
- any land upon which any part of the supply is located and anyone managing or controlling that supply.
Under the Regulations, local authorities are required to register all private supplies and conduct risk assessments. For smaller private supplies that provide less than 10 cubic metres of water per day or serve fewer than 50 people, assessments should be reviewed at least every five years.
If a supply is suspected to be “unwholesome”, the local authority is required to investigate, notify those affected, and offer advice. Where there is a threat to human health, a “Section 18 notice” must be issued, detailing the actions needed to restore the water’s wholesomeness. If a private supply fails to provide enough water for domestic use, the local authority may serve a “Section 80 notice” outlining the steps necessary to address the issue.
Buying a property with a private water supply
Understandably, when purchasing a property with a private water supply, it is essential to identify the water source and how it reaches your property. However, do not be surprised if finding answers to these questions proves difficult. Much of the remaining unregistered land in England comprises agricultural and rural areas that have been passed down through generations. The current owner may have never needed to consider how water arrives at their taps! There may never have been a formal document regarding the water supply, or the deed might have been lost.
Other relevant questions to consider when buying a property with a private water supply might be:
- Who manages the supply?
- Where is the water stored?
- How is it treated before consumption?
- What is the history of wholesomeness, sufficiency, remedial works, and test results?
- Is a hydraulic ram involved or required? Has it been maintained and serviced? Where is it situated?
Other considerations
You might even need to question the use of the term “Mains Water” in the sales particulars. In some instances, water comes from the mains supply but is then distributed through a private pipe network. Such a private distribution network is subject to a five-yearly risk assessment by the local authority under Regulation 8.
Most private water supplies originate from a privately owned spring or borehole serving a single property. If such a supply has been used solely for domestic purposes (i.e., not for commercial purposes such as a holiday let, bed and breakfast, or letting to tenants), the house may avoid the need for local authority risk assessments and monitoring under the “single dwelling exemption”. However, for the buyer, this means that there might be no record of water quality testing. Requesting a test from the water authority will incur a cost.
You and your mortgagee will also need to understand the legal basis of the water supply. Where the supply is piped from another person’s property, there should be an easement confirming the continuing right to a supply of water. The easement should also address the rights of entry for maintenance and replacement of the pipes and other infrastructure in the event the landowner defaults.
In some cases, there is a separate contractual agreement with the neighbouring landowner regarding responsibility for managing and maintaining the supply and paying for water consumption.
As a potential buyer, you should also consider whether a more effective water treatment system is needed. And is the supply sufficient for modern essentials such as power showers, dishwashers, and even modern boilers.