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Water Authority Build Over Agreement: All You Need to Know

A build over agreement is a legal agreement between a property owner and a water authority that allows the construction of a building or structure over or near a sewer or water main. This agreement ensures that the water authority retains access to their infrastructure for any repair or maintenance work that may be required in the future.

Why Is a Build Over Agreement Necessary?

A build over agreement is necessary because the construction of a building or structure near a sewer or water main can pose a significant risk to the infrastructure. Such construction activities can destabilize the soil, which can lead to damage to the sewer or water main. In situations where repairs or maintenance work is required, the water authority needs to have access to their infrastructure.

What Are the Key Elements of a Build Over Agreement?

– The agreement must contain a detailed plan of the proposed building or structure, including its location, dimensions, and design.

– The agreement must outline the responsibilities of both parties, including the property owner and the water authority.

– The agreement must state the conditions under which the water authority may access their infrastructure and carry out repair or maintenance works.

– The agreement must specify the terms and conditions for the payment of any fees or charges associated with the agreement.

– The agreement must include a provision for the property owner to obtain the necessary approvals and permits from the authorities.

What Happens If a Build Over Agreement Is Not Obtained?

Building or constructing over or near a sewer or water main without obtaining a build over agreement is not only illegal but also dangerous. It can cause damage to the infrastructure, which can result in significant repair costs and may even lead to environmental damage. In addition, if a property owner fails to obtain a build over agreement, they may face legal action from the water authority, which can lead to fines and other penalties.


In conclusion, a build over agreement is an essential legal requirement for any construction activity that may affect a sewer or water main. It not only ensures the safety and integrity of the infrastructure but also protects the property owner from legal liabilities and penalties. If you are planning any construction activity near a sewer or water main, ensure that you obtain a build over agreement from the water authority to avoid any legal or safety issues.