Case number
OFW-041815
Case summary
This dispute was referred to us for determination under section 181 of the Water Industry Act 1991. This section deals with complaints about how water and sewerage companies exercise their powers when they carry out work on private land.
Summary of Ofwat’s final decision
The complaint was about whether United Utilities failed to adequately consult with the complainant and also whether United Utilities caused inconvenience to the complainants when working on private land.
In summary, we determined that United Utilities did adequately consult the complainant on work on his private land, as required by section 159 of the Water Industry Act 1991 (‘the Act’) but United Utilities did not specifically consult the complainant about the final height of the over ground structures installed on private land.
We considered whether United Utilities should pay the complainant compensation in recognition of the above failure. We concluded that United Utilities should make a payment of £500 to the complainant.
Wider lessons for companies and customers
Water companies have the power to lay, inspect, maintain and repair or alter any pipes falling on private land. This power is exceptional and very few companies or bodies outside of the utility industry are permitted to do this. It is a power that must be exercised responsibly as customers can perceive it as being invasive.
We expect water companies to exercise their powers in accordance with the Act and in a manner which does not result in the land owner sustaining any loss or damage.
Beyond what we have set out above, we also expect companies to:
- Have a Code of Practice which sets out how they will operate when working in private land. We expect companies to follow their Code of Practice and any instances where they do not will be factored into our future decisions; and
- Maintain contact, and consult, with customers before, and throughout, the period of work.
When the above powers, especially the latter, are exercised poorly, they can severely undermine customer’s trust in their water and wastewater provider.
When the above powers, especially the latter, are exercised poorly, they can severely undermine customer’s trust in their water and wastewater provider.
Relevant powers
Sections 159 and 181 of the Water Industry Act
Relevant Ofwat guidance
Relevant documents
Date opened
19 April 2023
Date closed
26 September 2023
Enquiries
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