Being charged sewerage and surface water drainage on an unoccupied property? Learn your rights under Water Industry Act 1991, how to claim exemption or relief, and recover overpayments.
Quick Answer
Under Water Industry Act Section 66D, empty properties qualify for sewerage charge relief or exemption. Contact your water company, declare the property empty, and request relief with proof of non-occupation. If refused, escalate to Ofwat. You can claim back 6 years of wrongly charged bills.
Gather evidence the property is empty: council tax records, absence of utilities, dated photos, lack of fixtures or furniture. Keep dated visits documenting non-use.
2
Contact Water Company
Write to your water company. State the property is unoccupied. Request relief from sewerage charges under Water Industry Act Section 66D. Enclose evidence.
3
Follow Up Formally
Water company must respond within 14 days. If they refuse, ask why in writing. Request calculation of what relief should have been applied.
4
Appeal to Ofwat
If unresolved, file formal appeal with Ofwat (water regulator). Reference Section 66D breach. Ofwat can force relief and order back-refund of charges.
Backed by Water Industry Regulation
Empty Property Relief
Water Industry Act 1991 Section 66D
Unoccupied properties are exempt from water and sewerage charges, or entitled to significant relief. This is a statutory right, not optional.
Drainage Charges
Water Industry Act Schedule 11
Surface water drainage can only be charged where water drains to public system. Empty properties may claim exemption if no actual water use.
Regulatory Oversight
Ofwat (Water Services Regulator)
Ofwat enforces water company compliance with Water Industry Act. Can force refunds and impose penalties for non-compliance with relief rules.
Common Sewerage Charge Dispute Situations
🏚️
Charged Sewerage While Vacant
Property empty for months or years but water company continues charging full sewerage fees. No relief applied.
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Surface Water Drainage on Empty Land
Charged surface water drainage on undeveloped or unoccupied land. No actual water use but still billed.
❌
Refused to Grant Relief
Requested relief from sewerage charges but water company denied claim without valid reason or investigation.
📋
Insufficient Evidence Demand
Water company demanded excessive proof of non-occupation before granting relief. Unreasonable documentation requirements.
🏠
Partial Occupancy Charge
Part of property occupied, part empty. Charged full rates for entire property instead of apportionment.
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Back-Charging After Relief Accepted
Water company granted relief for future bills but refused to back-refund charges from when property was empty.
Frequently Asked Questions
Can I be charged sewerage fees on an empty property?▼
No, not the full amount. Under Water Industry Act 1991 Section 66D, properties which are unoccupied and unfurnished are entitled to relief from water and sewerage charges. This is a statutory right. Water companies cannot charge you full sewerage rates for an empty property. You are entitled to either full exemption or significant relief, depending on the water company's policy and your circumstances.
What is surface water drainage charge?▼
Surface water drainage is a separate charge for water run-off from your property roof and land to public drains. Water companies charge this where a property drains to the public system. It can be charged as a fixed amount per year or based on roof area. For empty properties, you may claim exemption or relief if the property is not in use and not generating actual water run-off requiring treatment.
How do I claim sewerage charge relief for empty property?▼
Step 1: Write to your water company formally stating the property is unoccupied and unfurnished. Step 2: Request relief or exemption under Water Industry Act Section 66D. Step 3: Provide evidence - council tax records showing empty, photos of property, utility bills showing no use, proof that no one lives there. Step 4: Water company must respond within 14 days. If they approve, relief applies. If they refuse, ask for their reason in writing.
What if the water company refuses relief?▼
This is likely a breach of Water Industry Act Section 66D. File a formal appeal with Ofwat at www.ofwat.gov.uk (the water services regulator). In your appeal: (1) Cite Section 66D. (2) Provide evidence of non-occupation. (3) Explain water company's refusal. (4) Calculate refund owed. Ofwat can force the water company to grant relief and back-refund all wrongly charged bills. This process takes 2-3 months.
How far back can I claim sewerage charge refunds?▼
Under Limitation Act 1980, you can claim back 6 years from the date of your claim. If a property was empty and you were charged for 5 years without relief, you can demand a refund of all charges from that entire 5-year period. Water companies often dispute claims older than 3 years, but you have the legal right to claim the full 6 years if evidence is clear.
Do I need proof the property was empty?▼
Yes, water companies will ask for evidence. Gather: (1) Council tax records showing the property was in Band A (empty) or exempt. (2) Utility statements showing no gas/electricity use or payment during the period. (3) Photos and dated visits documenting the property was unfurnished and in disrepair (if applicable). (4) Proof of your ownership or tenancy of the empty property. The stronger your evidence, the faster water company will grant relief.
Fighting Sewerage Charges on Empty Property?
Fightingback's bills tool helps you document non-occupation, calculate relief owed, and generate formal appeals to your water company or Ofwat.