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Regulation 17I Flooding from sewers – external flooding and flooding of non-domestic outbuildingsF1F6

(F21)

Effluent from an EW sewer must not enter a customer’s land or property.

(2)

Subject to paragraph (4), if effluent from an EW sewer enters a customer’s land or property (including a non-domestic outbuilding) (an “incident of entry”)—

(a)

the English service provider must pay the customer, for 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 50% of the sewerage charges payable by the customer to the English service provider for the financial year in which the entry date for the incident falls; and

(b)

the minimum payment amount.

(2B)

The maximum payment amount is—

(a)

£1,000; or

(b)

if the incident of entry occurs within the relevant period of a previous incident of entry, the sum of £1,000 + (£250 × IN).

(2C)

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

(a)

£150; or

(b)

if the incident of entry occurs within the relevant period of a previous incident of entry, the sum of £150 + (£50 × 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 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 effluent enters the land or property;

(b)

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

F3(3)

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

(4)

The English service provider need not pay the customer, and an English wholesaler need not pay the English service provider, under paragraph (2) F4... if—

(a)

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

(F5i)

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 the employees of the English wholesaler;

(iii)

an action of the customer;

(iv)

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

(b)

the English service provider was required by regulation 17H to make a payment to the same customer in respect of the same incident;

(c)

the customer was not materially affected by the incident; or

(d)

the customer does not make a claim to the English service provider for the payment, in accordance with paragraph (5), within the 3 months following the date on which the effluent entered the customer’s land or property.

(5)

With the customer’s claim for the payment the customer must provide a written statement showing the effect of effluent on the customer’s land or property.

(6)

In deciding whether a customer was materially affected by the entry of effluent during an incident of flooding, an English service provider must take into account—

(a)

what parts of the customer’s land or property the effluent entered;

(b)

the duration of the flooding;

(c)

the extent of the flooding;

(d)

whether the flooding restricted the access to the land or property;

(e)

whether the flooding restricted the use of the land or property; and

(f)

any other relevant considerations of which the English service provider is aware.

(7)

For the purposes of this regulation, effluent is not taken to have entered land or property 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. 17I(1)-(2F) substituted for reg. 17I(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), 12(3) (with regs. 17, 18)

F3

Reg. 17I(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), 12(4) (with regs. 17, 18)

F4

Words in reg. 17I(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), 12(5)(a) (with regs. 17, 18)

F5

Reg. 17I(4)(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), 12(5)(b) (with regs. 17, 18)

F6

Words in reg. 17I heading inserted (2.7.2025) by The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2025 (S.I. 2025/662), regs. 1(3), 12(2) (with regs. 17, 18)