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Section 104 Adoption Agreements Explained

Understanding the Section 104 process for getting new water mains and sewers formally adopted by the water company. We manage the full programme from design to adoption.

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The Process
1
Design to adoption standard
2
Agreement & bond execution
3
Construction & inspection
4
CCTV, maintenance & adoption
From Design to Formal Adoption

The Process Step by Step

Every Section 104 agreement follows a clear, auditable sequence. Here is exactly what happens at each stage.

1

What Is Section 104?

Section 104 of the Water Industry Act 1991 gives developers the right to have new sewers and water mains adopted into the public network, provided they are designed and built to the water company's specification. The mechanism works through a formal legal agreement between the developer and the water company. For new sewers, this is a Section 104 agreement. For new water mains installed by an accredited self-lay organisation, the equivalent is a self-lay agreement under the WIRS framework. Both operate on the same principle: the developer builds to standard, the water company adopts on satisfactory completion.

2

Pre-Application and Design

Before the agreement can be executed, USP prepares the drainage and water main design to the current adoption standard. For sewers, this means design to the Sewers for Adoption 7th Edition specification. For water mains, design must comply with Severn Trent's IDS (Infrastructure Design Standard). The pre-application design is submitted to the water company for review, and any comments are addressed before the formal agreement is signed. Getting the design right at this stage is critical, as design changes after the agreement is executed can delay the programme and incur additional costs.

3

Agreement Execution and Bond

Once the design is accepted, the formal legal agreement is prepared by the water company's solicitors and executed by both parties. The developer's solicitor reviews the agreement before signing. Simultaneously, the financial bond is put in place. The bond is typically calculated as a percentage of the estimated construction cost and is held by the water company as security. USP manages the technical aspects of this process, coordinating with the water company's development team and providing all technical documentation required for the agreement to be executed.

4

Construction, Inspection and Adoption

With the agreement and bond in place, construction can begin. The water company carries out inspection visits at key stages, including before backfilling and at practical completion. USP coordinates all inspection visits and ensures the water company is notified at the required stages. On practical completion, a CCTV survey of the sewers is carried out to the water company's specification. Any defects identified must be rectified before the 12-month maintenance period begins. At the end of the maintenance period, the water company carries out a final inspection and issues the formal adoption notice, confirming that ownership has transferred to the water company.

Key Technical Considerations

Technical Specifications

The critical parameters that govern every Section 104 and self-lay adoption process.

Section 104
Legal mechanism for sewer adoption under Section 104 of the Water Industry Act 1991. Requires formal agreement and financial bond.
Self-lay agreement
Equivalent mechanism for water main adoption under the WIRS framework. Requires WIRS-accredited SLO and Severn Trent approval.
Bond
Financial security held by the water company, calculated as a percentage of estimated construction cost. Released progressively on adoption.
CCTV survey
Required on practical completion to the water company's specification. Defects must be rectified before maintenance period begins.
Maintenance period
Typically 12 months from practical completion. Developer responsible for maintenance and defect rectification during this period.
Formal adoption
Water company issues formal adoption notice confirming ownership transfer. Bond is released on adoption.
Why Choose USP

What USP Can Do For You

End-to-end adoption management from a single WIRS-accredited provider.

WIRS accredited for water mains under self-lay agreements. USP manages the full self-lay process on behalf of the developer, from design to formal adoption.
Agreement execution and bond documentation management. USP coordinates the technical aspects of the agreement process, working alongside your solicitor.
Inspection milestone tracking and booking. USP ensures all water company inspection visits are booked at the right time and that the site is ready.
Pressure testing, chlorination, and sampling programme management. USP handles the full quality and testing programme for water mains under self-lay agreements.
Maintenance period monitoring and final adoption coordination. USP tracks the maintenance period and coordinates the final inspection and adoption notice proactively.
Certified Provider

Fully Accredited & Committed to Safety

Every adoption programme we manage meets the highest industry standards. Worker safety, public safety, environmental responsibility, and project compliance from planning to sign-off.

WaterSafe accredited
WIAPS accredited
LRQA WIRS certified
LRQA NERS certified
LRQA GIRS certified
ISO 9001 certified
Achilles UVDB Silver Plus
Constructionline member
SSIP accredited
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Section 104 Adoption FAQs

Frequently Asked Questions

A Section 104 agreement is a legal agreement made under Section 104 of the Water Industry Act 1991 between a developer and a water and sewerage company. It commits the developer to design and build new sewers to the water company's specification, and commits the water company to formally adopt those sewers into the public sewer network on satisfactory completion. For water mains, the equivalent mechanism is a self-lay agreement under the WIRS framework, which works in the same way.
Yes. The water company will require a financial bond as security against the risk that the developer fails to complete the works to the required standard. The bond is typically calculated as a percentage of the estimated construction cost and is held by the water company until adoption is complete. USP manages the bond documentation process and works with your solicitor to ensure the bond is executed correctly before works begin.
The maintenance period is typically 12 months from the date of practical completion of the sewer or water main. During this period, the developer is responsible for maintaining the infrastructure and rectifying any defects. At the end of the maintenance period, the water company carries out a final inspection and, if satisfied, issues the formal adoption notice. USP monitors the maintenance period and coordinates the final inspection booking proactively.
If the CCTV survey carried out at practical completion identifies defects, the developer must rectify them before the water company will accept the sewer for adoption. Common defects include displaced joints, root ingress, deformation, and incorrect gradients. USP manages the defect rectification process and arranges a re-survey once rectification is complete. The 12-month maintenance period does not typically start until the CCTV survey is accepted as satisfactory.
Yes. Individual plots can be completed and occupied before the sewer is formally adopted, provided the infrastructure is installed and functioning correctly. Adoption is a legal transfer of ownership from the developer to the water company, not a prerequisite for use. However, the self-lay agreement or Section 104 agreement must be in place before any connections are made to the public network. USP advises on the sequencing of plot completions and adoption to avoid programme delays.
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