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How can I get a communal sewage drain moved from my property

Posted: Sat Oct 20, 2018 9:51am
7 replies96 views3 members subscribed
Lizzi83

Posts: 3

Location: Villamartin

Joined: 20 Oct 2018

I have drain in my garden that is connected to other properties it is communal and need it moved from my property for health and safety reason who is responsible for this other property owners who are connected to this drain are using wipes that do not flush through the drain and is causing it to bloc

Stephanie86

Posted: Sat Oct 20, 2018 11:15am

Stephanie86

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Location: Lliber

Joined: 4 May 2017

Posted: Sat Oct 20, 2018 11:15am

Presumably this services mains drainage and not septic tank? And presume it’s a manhole/ cover? Your first port of call is probably the Ajuntamiento, but the likelihood of them agreeing to infrastructure alterations would be minimal - and who would pay? Unless this is a communal estate with a management service?

Lizzi83

Posted: Sun Oct 21, 2018 9:06am

Lizzi83

Original Poster

Posts: 3

Location: Villamartin

Joined: 20 Oct 2018

Posted: Sun Oct 21, 2018 9:06am

Hi yes it’s a manhole cover and we are a communal estate with an administrator who have sent workmen to inspect it and agreed it is communal but haven’t done anything further about it . we are hoping to tile that area where the manhole is located but can’t till it gets moved!! 

Stephanie86

Posted: Sun Oct 21, 2018 9:53am

Stephanie86

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Posted: Sun Oct 21, 2018 9:53am

Well I think you need to establish with the administrator - who presumably reports to a management committee/organisation? - exactly what the workmen reported and what their recommendations were. And also exactly  how and when they propose to rectify this, what is involved. 

I imagine that this is going to need tenacity on your part - and don’t forget to document absolutely every discussion/agreement etc. They are unlikely to want to spend money, but surely you must have some terms of agreement stating what their liabilities/responsibilities are; are you required to make financial contribution for management of the communal area? It may or may not be a simple operation to move the cover, but could involve obtaining permissions from various organisations, so it may be unlikely to happen quickly. 

If you cannot obtain any clear information from the administrator or an update of proposals, then it may be an idea to call in a surveyor/consult a lawyer. Are the other residents aware of your problem and have you tried the simplest method of speaking to them and asking them to desist from using wipes etc?

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Lizzi83

Posted: Sun Oct 21, 2018 10:50am

Lizzi83

Original Poster

Posts: 3

Location: Villamartin

Joined: 20 Oct 2018

Posted: Sun Oct 21, 2018 10:50am

Thanks for your help I’m now in the process of asking the president of our urbanization to email /contact all the residents regarding using wipes and hopefully people will listen I and my next step will be a lawyer  I thought  as it is not just my drain it’s communal and is on my private land I thought it would be sensible for them to move it to communal grounds but this is proving to be  very difficult, it backs up and causes a foul smell so it really is a health and Safety issue so who do I take that up with now 😡😤 

Stephanie86

Posted: Sun Oct 21, 2018 11:15am

Stephanie86

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Posts: 2748

2065 helpful points

Location: Lliber

Joined: 4 May 2017

Posted: Sun Oct 21, 2018 11:15am

Try the Architect at the Town Hall; the development could not have been built without paperwork, permissions etc and although Building Control in the U K sense is not quite the same, Health standards must have been taken into consideration. Do you have photographic evidence, take it with you.

Again, enforcement is not likely to be easy and you do need all the agreements etc. Also, the main stumbling block is who is legally responsible for paying for this work, hence my remark about the managements ‘ schedule of responsibilities and if you pay management fees?

lgc59

Posted: Sun Oct 21, 2018 9:20pm

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Posted: Sun Oct 21, 2018 9:20pm

This could turn out to be a very big job, Man hole are used when there is a change in the flow,ie two drain runs going into one etc. so all the runs may have to be dug up and start again. And that's if its possible with the   fall needed. As for the smell can you not use a double sealed cover   that screws down.

Just trying to find an easy solution.

Stephanie86

Posted: Sun Oct 21, 2018 9:38pm

Stephanie86

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Location: Lliber

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Posted: Sun Oct 21, 2018 9:38pm

Quite right and you said more clearly what I was also trying to say. But how should she deal with the repeated blockages - a double cover will help with odour but presumably won’t stop it blocking and endless overflows aren’t fun?

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