Many would extol the virtues of a private water supply (PWS). Well think again.  There are many potential pitfalls which need to be addressed from the outset otherwise the sale/acquisition could become problematical.

First, as PWS are not maintained in the same way as public supplies there could be contamination risks.  This risk can go unnoticed unless the PWS is subject to regular laboratory testing.  The Local Authority shares a duty with the landowner to ensure the water quality is up to standard but it will usually only test the supply if specifically requested to do so.  Landowners who benefit from a PWS should also consider their potential liability for any illness or harm caused to third parties.

Second, PWS should not be considered ‘free’.  There are costs involved in maintaining the supply and its quality and with the infrastructure to ensure it complies with the Private Water Supplies Regulations 2016.  There could also be a future cost to the capital value of the property if the PWS appears insecure.

Third, PWS are never straight forward and specialist legal advice should be sought early on from a rural property lawyer.  They will establish the position by reviewing the title, request a basic services plan, consider whether cross rights will need to be drafted and whether a legal easement needs to be put in place across the neighbouring land.  If there is no time to put such an easement in place your solicitor will consider whether defective indemnity insurance needs to be purchased or whether the PWS can be replaced with an alternative. 

If you’re buying or selling a property with a PWS please do contact us for assistance.

Emma Coke

emma.coke@birkettlong.co.uk

01206 217629