Regulation 17H Flooding from sewers – internal flooding of buildingsF1

(F21)

Effluent from an EW sewer must not enter a customer’s building.

(2)

Subject to paragraph (5), if effluent from an EW sewer enters a customer’s building (other than a non-domestic outbuilding) (an “incident of entry”)—

(a)

the English service provider must pay the customer, in respect of each incident of entry, the lesser of—

(i)

the sewerage charge amount; and

(ii)

the maximum payment amount; and

(b)

the English wholesaler must pay the English service provider in accordance with regulation 17K.

(2A)

The sewerage charge amount is the greater of—

(a)

a sum equal to the sewerage charges payable by the customer to the English wholesaler for the period of 12 months beginning with the entry date for the incident; and

(b)

the minimum payment amount.

(2B)

For the purposes of paragraph (2A)(b), the minimum payment amount is—

(a)

£300; or

(b)

if the incident of entry occurs within the relevant period of a previous incident of entry, the sum of £300 + (£100 × IN).

(2C)

The maximum payment amount is—

(a)

£2,000; or

(b)

if the incident of entry occurs within the relevant period of a previous incident of entry, the sum of £2,000 + (£500 × IN).

(2D)

For the purposes of paragraphs (2B) and (2C)—

(a)

an incident of entry (the “new incident”) occurs within the relevant period of a previous incident of entry (the “old incident”) if the entry date for the new incident occurs during the period of 12 months beginning with the end date for the old incident;

(b)

“IN”, in relation to a customer, means the total number of incidents of entry occurring in the period of 12 months mentioned in sub-paragraph (a) in respect of which the English service provider has already made a payment to the customer under this regulation;

(2E)

For the purposes of paragraph (2D), it does not matter whether the old incident occurs before, on or after 2nd July 2025.

(2F)

For the purposes of paragraphs (2A) to (2E)—

(a)

the “entry date” for an incident of entry is the day on which the effluent enters the building;

(b)

the “end date” for such an incident is the day on which effluent stops entering the particular building as a result of the incident (whether or not any effluent remains in the building).

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

The English service provider need not pay the customer, and the English wholesaler need not pay the English service provider, under paragraph (2) F5...—

(a)

if the entry of effluent was caused by one or more of the following—

(F6i)

an abnormal or unforeseeable event, including a natural event, outside the control of the English wholesaler, the consequences of which could not have been avoided by the exercise of all due care by the English wholesaler;

(ii)

industrial action by employees of the English wholesaler;

(iii)

an action of the customer;

(iv)

a defect, inadequacy or blockage in the customer’s drain or sewer; or

(b)

if—

(i)

the English service provider could not practicably have identified the customer as having been affected; and

(ii)

the customer does not make a claim (orally or in writing) to the English service provider for a payment under this regulation within the 3 months following the date on which the effluent entered the building.

(6)

For the purposes of this regulation—

(a)

in the case of a building that has a suspended floor, the space beneath that floor is part of the building;

(b)

effluent is not taken to have entered a building while it is in a drain or sewer.

Annotations

Textual amendments

F1: Pt. 3 inserted (1.4.2017) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017 (S.I. 2017/246), regs. 1(1), 7 (with reg. 9)
F2: Reg. 17H(1)-(2F) substituted for reg. 17H(1)(2) (2.7.2025) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2025 (S.I. 2025/662), regs. 1(3), 11(2) (with regs. 17, 18)
F3: Reg. 17H(3) omitted (2.7.2025) by virtue of The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2025 (S.I. 2025/662), regs. 1(3), 11(3) (with regs. 17, 18)
F4: Reg. 17H(4) omitted (2.7.2025) by virtue of The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2025 (S.I. 2025/662), regs. 1(3), 11(3) (with regs. 17, 18)
F5: Words in reg. 17H(5) omitted (2.7.2025) by virtue of The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2025 (S.I. 2025/662), regs. 1(3), 11(4)(a) (with regs. 17, 18)
F6: Reg. 17H(5)(a)(i) substituted (2.7.2025) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2025 (S.I. 2025/662), regs. 1(3), 11(4)(b) (with regs. 17, 18)