How to Find a Section 104 Agreement

If you are a real estate developer or investor in the UK, you may have heard of a Section 104 agreement. This agreement, also known as a sewer adoption agreement, is a legal document that outlines the responsibilities of the developer regarding the provision of drainage and sewerage systems for a particular development project. The agreement must be signed before the local water authority adopts the sewerage system. In this article, we will guide you on how to find a Section 104 agreement.

Step 1: Know the water authority responsible for the area

Before you start looking for a Section 104 agreement, you need to know which water authority is responsible for the area your property lies in. In the UK, there are several water authorities, and each has its specific geographical area of responsibility. You can find out the water authority responsible for your area by visiting the government`s website or contacting your local council.

Step 2: Check the local authority`s planning portal

Once you have identified the water authority responsible for your area, you can check the local authority’s planning portal. The planning portal is an online service provided by the government that allows you to access planning applications and documents. You can search for Section 104 agreements using the planning portal by entering the property address or postcode.

Step 3: Contact the water authority

If you cannot find the Section 104 agreement on the local authority`s planning portal, you can contact the water authority directly. You can send an email or call the customer service to request a copy of the agreement. You will need to provide the property address and the name of the developer.

Step 4: Check with the Land Registry

If the property you are interested in has already been registered with the Land Registry, you can check the register to see if there is a Section 104 agreement attached to the property. The Land Registry maintains a record of all property transactions in England and Wales. You can access the register online by paying a small fee.

Step 5: Hire a solicitor

If you are still struggling to find the Section 104 agreement, you may need to hire a solicitor. A solicitor experienced in real estate can help you locate the agreement and provide advice on the implications of the agreement for your development project.

Conclusion

In conclusion, finding a Section 104 agreement involves identifying the water authority responsible for the area, checking the local authority`s planning portal, contacting the water authority directly, checking with the Land Registry, and hiring a solicitor. It is essential to obtain a copy of the agreement before proceeding with any development project to avoid legal issues and ensure compliance with the regulations.