Can I Build Over A Drain In My Garden

Can I Build Over A Drain In My Garden?

Building over a drain in your garden can be a tricky situation, especially when it’s unclear who is responsible for the drain or what the legal implications may be. In this article, we’ll explore all the important factors you need to consider before building over a drain.

Who Owns the Drain?

The first question you need to ask yourself when considering building over a drain is who owns the drain. Doing some research to establish the ownership can help you understand who is responsible for maintaining the drain and will help determine if the plans for your garden are feasible.

Depending on where you live, there may be multiple parties involved in the ownership of a drain. For example, local government and utility companies may have responsibility for public drains, while private sewers may be owned by individuals or groups of homeowners.

Do I Need Permission?

Once you’ve established who owns the drain, the next step is to check if you need to seek permission before making any changes or building over the drain. Again, this can vary depending on the location of the drain and who owns it. For example, if the drain is owned by the local government, you may need to seek planning permission before making any changes.

Similarly, if the drain is owned by a utility company, you may need to consult with them to ensure they are comfortable with any changes being made.

Are There Legal Implications?

The legal implications of building over a drain can depend on the ownership of the drain, as well as the context of the proposed changes.

If the drain is owned by a utility company, then you may need to check if the proposed changes are in breach of any laws or regulations relating to drains. Similarly, if the drain is owned by an individual or group of homeowners, then you may need to check if any legal issues could arise from the proposed changes.

What Are the Costs Involved?

It’s important to understand the potential costs involved in any changes you may make to a drain. Depending on the size and scope of the project, you may need to factor in the cost of obtaining permission, any legal fees, and the cost of materials and labour.


In conclusion, building over a drain in your garden can be a tricky situation and can come with a number of potential issues, from determining who owns the drain to understanding the legal implications and possible costs. It’s important to do your research and seek advice before making any changes. Hopefully, this article has clarified some of the issues and provided useful guidance.