Water egress (street surface and utility apparatus)
If water issues from the street surface or an undertaker’s apparatus, the authority must initiate an investigatory works procedure to determine the cause and source. Before starting investigatory work, the authority should contact any undertakers it believes may be responsible. Undertakers must co-operate with the authority in its investigation and may take trial holes and check apparatus for water leakage or surcharge through the apparatus, ducts and surround to the apparatus.
If, following the investigation, the authority has reasonable cause to believe that the leak is caused by or associated with the undertaker’s apparatus, remedial measures must be agreed between the authority and the undertaker and carried out at the undertaker’s cost. In the absence of agreement between the authority and the undertaker, liability for any damage must be determined in accordance with section 82 of the Act (Liability for any damage or loss caused).