Section 21 Provision of drainage.C1
England and Wales
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Any question arising under subsection F2(4) below between a F3building control authority and the person by whom, or on whose behalf, F4an application for building control approval is made as to F5whether a proposed drain shall be required to connect with a sewer may on the application of that person be determined by F6the appropriate court or tribunal.
F7Where F8an application for building control approval in respect of a building or an extension of a building is made to a building control authority, the building control authority, or on appeal F9the appropriate court or tribunal, may require a proposed drain to connect with a sewer where—
that sewer is within one hundred feet of the site of the building or, in the case of an extension, the site either of the extension or of the original building, and is at a level that makes it reasonably practicable to construct a drain to communicate with it, and, if it is not a public sewer, is a sewer that the person constructing the drain is entitled to use, and
the intervening land is land through which that person is entitled to construct a drain.
Notwithstanding paragraph (a) of subsection (4) above, a drain may be required to be made to connect with a sewer that is not within the distance mentioned in that paragraph, but is otherwise such a sewer as is therein mentioned, if the authority undertake to bear so much of the expenses reasonably incurred in constructing, and in maintaining and repairing, the drain as may be attributable to the fact that the distance of the sewer exceeds the distance so mentioned.
If any question arises as to the amount of a payment to be made to a person under subsection (5) above, that question may on his application be determined by F10the appropriate court or tribunal, or he may require it to be referred to arbitration.
This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).
Annotations
Textual amendments
- F1
S. 21(1)(2) repealed (1.4.2002) by S.I. 2001/3335, reg. 3(1) (with reg. 4)
- F2
Words in s. 21(3) substituted (1.4.2002) by S.I. 2001/3335, reg. 3(2)(a) (with reg. 4)
- F3
Words in s. 21 substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 23(2); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
- F4
Words in s. 21(3) substituted (1.10.2023 except in relation to W., 1.7.2026 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 23(3); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3); S.I. 2025/1368, reg. 2(m)
- F5
S. 21(3)(a)(b) substituted for words (1.4.2002) by S.I. 2001/3335, reg. 3(2)(b) (with reg. 4)
- F6
Words in s. 21(3) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
- F7
Words in s. 21(4) substituted (1.4.2002) by S.I. 2001/3335, reg. 3(3) (with reg. 4)
- F8
Words in s. 21(4) substituted (1.10.2023 except in relation to W., 1.7.2026 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 23(4); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3); S.I. 2025/1368, reg. 2(m)
- F9
Words in s. 21(4) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
- F10
Words in s. 21(6) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
- F11
S. 21(7) added (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 26(1) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)
Modifications
- C1
Ss. 21, 22, 23 extended by S.I. 1987/798, regs. 2(1), 4
Notes on Part I
Modifications
- C1
Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2
- C2
Pt. 1 (ss. 1-46) modified (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 18(1)
- C3
Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)
- C4
Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7P
Pt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))
- C5
Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8
- C6
Pt. 1 (ss. 1-46) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 3
- C7
Pt. 1 (ss. 1-46) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 22 para. 1
- C8
Pt. 1 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 1(1)(a) (with Sch. 22 para. 1(2)(3))
- C9
Pt. 1 excluded (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), art. 1, Sch. 15 para. 4 (with art. 40, Sch. 14)
Notes on Building control approval
Textual amendments
- F1
S. 16 cross-heading substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 19; S.I. 2023/993, reg. 2(n)(ix); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)