Water supply issue

[Landrover]

I'll try and keep this short, a new owner of a property in the village has put planning permission in for a bungalow in the garden of the property they own but don't live in as it's being renovated, we supply the water to that property but do not and have not ever charged for the water as we do not give any promise of a quality or quantity of supply, how do we stand legally with regards to the new build as they have not approached us about the water supply ? Do with have the right to refuse connection ?

 

[farmerm]

Presumably this supply is from your spring or borehole? Like it or loathe it, payment or not, as an established supply you are legally responsibly for the quality, quantity and continuation of the existing water supply! Private water supplies must be registered with your council and they will come out risk assess, conduct annual water tests and charge you significantly for the privilege too!! Yes, I believe you have a right to refuse for the new property to be connected to your existing supply and it would probably be wise to do so. Should your water supply ever fail, be it chemically, bacterially or run dry then you have a legal duty and will incur all the costs in solving the problem.. that could extend to installing treatment equipment, sinking a new borehole or even the full costs of connect to the nearest mains supply. The ideal solution for you would be to quietly encourage the developer to put his new build on a new supply and connect his existing property too the new supply too, thus removing your responsibilities!

 

[Landrover]

We have the water tested every year by the council, always passes with flying colours and have various filters on the supply already it more the fact they seem to be expecting a water supply that's annoying me !

 

[Goweresque]

Any supply responsibility you have is for the existing house only, not any new ones. The problem arises that its going to be difficult to refuse to supply one without the other. They can physically connect to the existing supply and there's little you can do about it, apart from court action. I guess your best leverage is that one assumes they will want to sell the plot (or house once built) so at that point they'd have to account for all the relevant utility easements to pass on to the new owner, as no-one wants to buy a house with no water, or sewerage for example. So if there is an outstanding dispute over the legality of the water supply, they'd struggle to sell the house (or plot). Which would mean they'd need a deal with you.