The evolution of the drainage and water report

Launched in 2002, the CON29DW has become a key report in the array of searches conducted by conveyancers and property practitioners over the past 21 years.

Owned by The Law Society, the suite of CON29 searches covers enquiries of local authorities, residential and commercial drainage and water enquiries, and coal mining enquiries.

Pre-2002 drainage and water enquiries were typically included in the local authority search, with a limited amount of information made available to prospective homeowners about the location of sewer and water mains, whether the property was connected to mains, and who was responsible for maintenance and billing.

The dedicated CON29DW provided more detailed information for conveyancers and home movers and importantly created a more structured approach to what information was provided and the format of the report.

One of the biggest challenges with data is what to include and what not to include. As more and more data becomes available, the temptation is to include it in reports as a way to reduce liability; the more information provided, the less comeback there is on the report provider. We see this debate playing out across the search industry as data providers add more information and data into reports, with many now running 40, 50, and up to 60 pages long.

The key is the interpretation of this data; distilling what conveyancers and homeowners need to know quickly and concisely so as not to delay the transaction.

The drainage and water industry had its own historic moment in October 2011 when private sewers serving more than one property and lateral drains that extended beyond the property boundary became the responsibility of the water companies. Up to that point, responsibility for mapping these lay with the local authority, and it is well known and acknowledged in the industry that records are incomplete.

This can cause issues in two specific cases. First, there are occasions where the report highlights a sewer running under the property with no build-over agreement in place. These can be consented to retrospectively however in some cases where the buildings or extensions contravene building control they may need to be altered or demolished.

Second, unmapped drains will not be on public records and therefore any personal or regulated search won’t pick up the issue or have the resource to resolve the query.

In such cases, the provider will infer or insure the response – a situation that can result in inaccurate information being reported.

There are plenty of examples of properties which, for all intents and purposes, look as though they should be connected to the mains, which are in fact serviced by a cesspit or septic tank. In a recent example we were involved in it was easy to assume the properties would be connected to the proximate drain identified under the road close to the house. Multiple regulated reports incorrectly inferred as much. However, both properties were served by septic tanks.

By providing key, gold-standard upfront information on drainage and water connections and assets, the homebuyer can be empowered to either proceed or negotiate with confidence with anything that may emerge later on when ordering a CON29DW. No inferring, no insuring, and most importantly, no ignoring!

The CON29DW through its various iterations since 2002 continues to provide key information and reassurance for home movers and conveyancers. The current version answers all 23 Law Society standard enquiries covering issues as diverse as water Pressure, internal sewer flooding, method of charging, and any known pumping stations, as well as the identified sewer drainage and clean water connections.

It remains under review for relevance by The Law Society and the industry body Drainage and Water Searches Network (DWSN) who provides governance around data standards for nine utility providers subscribed and as part of adherence to the DWSN Code of Practice, ensures that every CON29DW is covered by a minimum of £10m indemnity insurance – reassurance, I would hope, that conveyancers and their clients are best served by obtaining the official CON29DW from their utility provider.