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One of the biggest challenges in achieving the wider uptake of both SuDS
and rainwater/greywater use systems is the question of eventual ownership
of the systems and, in particular, who will maintain and repair them. With
both types of system it is important that they are maintained/repaired properly
if they are to consistently perform at design levels (and to minimise health
and safety risks). Developers may be unwilling to incorporate these systems
into buildings if ongoing maintenance/repair responsibilities are uncertain,
and lengthy (thus costly) negotiations are required to implement them. If
this barrier is to be overcome successfully, standard agreements need to be
developed to ensure that all involved are aware of their responsibilities,
costs are distributed equitably, and that activities are co-ordinated.
CIRIA produced CIRIA publication C625 on Model agreements for SuDS that contains model agreements and guidance on their implementation. These can be used in lieu of any changes legislation or policy.
The model agreements for sustainable drainage systems can be downloaded below by following this link. The model agreements for rainwater and greywater systems will be available very shortly
A series of documents to facilitate and encourage the long-term maintenance of sustainable drainage systems (SuDS) and rainwater/greywater use systems through the development and application of model agreements were developed.
Two main model agreements are:
Model agreements for SuDS
This document provides background and a long term framework for the operation and maintenance of SuDS. Model agreements were developed to be used either through the planning process or for use between two or more parties outside the requirements for planning permission.
CIRIA publication C625 Model agreements for SuDS provides further detailed information about the planning framework, maintenance required and adoption mechanisms for SuDS. Summary information relating specifically to the model agreements can be found by following this link.
The planning model agreements have also been used in the National SuDS Working Group's Interim Code of Practice for SuDS.
Model agreements for rainwater/greywater use systems
This document provides background to the operation and maintenance of reuse systems. The model agreement is set out for a variety of scenarios, ranging from single properties to multi-occupancy properties. Click here for more information.
The documents are not intended for use as extensive reference documentation on the design and implementation of sustainable water management systems but are designed to complements existing guidance documents.
The aim of these model agreements is to improve uptake by providing a mechanism for maintenance. Model agreements have been developed for the following situations:
The Section 106 model agreement and maintenance framework agreement are provided for where SuDS and their maintenance are required as a result of the planning process. The private model agreement is intended for use outside of this planning framework. A summary of the documents (and their references) required for these two situations is shown in figure 1 (clicking on to the relevant box will enable you to download the document).
Figure 1 Summary of documents (shaded boxes are documents that can be downloaded)
The choice of model agreement and the mechanism for implementation will usually be determined by the local planning authority. A schematic showing the various processes involved is shown as figure 2 where SuDS are required as part of the planning process.
Where there is a requirement to implement SuDS, the local planning authority has two routes available to ensure that the SuDS are properly implemented and maintained. These are:
Where the scheme is small or the SuDS scheme is simple to the use of a planning condition may be the best option. However, planning conditions can be appealed against and enforcement can be difficult. When SuDS are required outside of the Section 106 process, the Private SuDS Model Agreement may be used to facilitate maintenance.
Figure 2 Model agreement options with SuDS as a requirement
of planning permission
Where the development is larger or the SuDS scheme is complex the Section 106 approach should be used. It is likely that with a large development scheme, a Section 106 agreement would already be implemented for other issues such as improved public transport or education. The Section 106 route requires negotiations and legal preparatory work in advance of the development taking place, but offers more security as it may only be varied by agreement. It also allows for financial contributions in the form of a bond or a periodic payment.
Within the Section 106 Model Agreement there are alternative methods as to whether the Maintenance Agreement is included as part of the Section 106 agreement or is stand alone. This again is at the discretion of the Local Planning Authority. This choice should be governed by the degree of control the Local Planning Authority would like to have over the maintenance issues. Where greater control is required the Maintenance Framework Agreement should be used and incorporated as part of the Section 106 agreement.
Where Local Planning Authorities seek to incorporate SuDS within developments using these methods, they should seek independent legal advice to ensure that the most appropriate method is used. Some changes to the standard document will almost certainly be required for each individual situation.
The Private SuDS Model Agreement may be used by a developer or site owner to ensure proper maintenance of the site drainage scheme. It may be used for either existing or new developments.
The private SuDS model agreement is a simple contract between the property owner/tenant (Customer) and the maintenance provider (the maintainer). It is primarily set-up to help facilitate ongoing maintenance of SuDS that are in private (freehold) ownership. The owner could be a large landowner, housing association, corporate body or single household. This contract sets out the responsibilities of the parties, the number of maintenance visits and the charges for the services. A diagram showing the main elements of the Agreement is shown in Figure 3. The contract has two main components:
• The Model Agreement
• The Schedule
The model agreement places a number of obligations on both the maintainer and the customer. The maintainer’s obligations are to ensure that all maintenance duties are carried out effectively as instructed in the schedule of work. The customer’s obligations include the provision of access to the SuDS and to ensure that all ancillary drainage (such as drainpipes) are also adequately maintained.
Figure 3 Private SuDS model agreement
The electronic versions of the model agreements for use in conjunction with Model agreements for SuDS can be viewed and amended in MS Word.The commentary for the private SuDS model agreement is in PDF format and you will require Adobe Acrobat reader to read the document. To download the documents please click on the document in the table below.
| Document download |
Title and description |
| Planning obligation - incorporating SuDS provisions |
|
SuDS maintenance framework agreement |
|
| Private SuDS model agreement |
|
| Commentary on the private SuDS model agreement C625 MA3 |
CIRIA Core Programme, DTI, The BOC Foundation, Environment Agency, Severn trent Water, Ofwat, NHBC, WSP Development, SEL Environmental and Environmental Protection Group Ltd.