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Most likely there is a Board Arterial Watercourse (‘Main Drain’ or ‘Adopted Watercourse’) under the control of the Board either next to or crossing the property. Where the development warrants a formal legal agreement to protect the Board’s access requirements, the Board may enter into a ‘Deed of Indemnity’ with the registered land owner. This legal agreement could relate to a pre-existing structure such as a building or fencing within the Byelaw distance, an outfall pipe and headwall for surface water discharge or a package treatment plant outfall pipe directed into an Arterial Watercourse. When the property is sold on, the original restriction (if still applicable) is conveyed with the title by a ‘Deed of Covenant’ and a Certificate will be issued by the Board to enable the legal transfer. Your conveyancing solicitor will help you with this process. The Board’s officers are likely to request an inspection of the property before the Board will issue the Certificate of compliance. If there has been any additional development outside the terms of the original Deed schedule then your property sale could be delayed until the additional items are removed or another consent is issued by the Board for the additional items (if these items meet with the Board’s prevailing development control policies). When additional development cannot be determined through the consenting process by officers under delegated authority, then a report will be taken to the next available Board meeting for a committee decision.
September 22, 2025
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