A private water supply is any supply that does not come from the water company's mains: a spring, well, borehole, stream or loch, sometimes shared through a private pipe. They are common on farms, in the hills and on the coast, which is exactly where holiday cottages, small hotels, campsites and rural pubs are found. If your guests or staff drink the water, cook with it or wash food in it, the rules for private supplies apply to you.
The key point for a business is that size does not protect you. Small domestic supplies are often left alone, but in both Scotland and Wales a supply that serves a commercial or public activity is regulated, including a single holiday cottage on its own spring. Your council will risk assess it, sample it and charge you for doing so, and it can stop you using the water if it is unsafe.
Are you on a private supply?
- You are if your drinking water comes from a spring, well, borehole, burn or loch on or near your land, or through a pipe you or a neighbour maintain.
- You may be on both. A site can be on the mains for the main house and a private supply for a cottage, a caravan pitch block or a shower block.
- If you are not sure, ask your council's environmental health team. It must have a record of every private supply in its area.
This guide covers Scotland and Wales. In England the Private Water Supplies (England) Regulations 2016 apply; see the Private water supply risk assessment content for England. Northern Ireland has its own Private Water Supplies Regulations (Northern Ireland) 2017, regulated by the Drinking Water Inspectorate.
Scotland
Wales
Scotland and Wales side by side
Private water supply rules for a business in Scotland and Wales
How the two regimes treat a holiday let, B&B, hotel, campsite or food business on a private supply.
| Point of comparison | Scotland | Wales |
|---|---|---|
| Regulations | Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (SSI 2017/282) | Private Water Supplies (Wales) Regulations 2017 (WSI 2017/1041) |
| Is a holiday let or B&B covered? | Yes, whatever its size. The exemption for supplies under 10 cubic metres a day or under 50 people is lost if any water is used for a commercial or public activity | Yes, whatever its size. A single dwelling is covered if used for a commercial or public activity, and any commercial supply is monitored under Schedule 2 |
| Who risk assesses | The council, using a method approved by the Drinking Water Quality Regulator for Scotland | The council |
| How often | Reviewed at least every 5 years, and sooner if the quality deteriorates or the system changes | Reviewed at least every 5 years, or earlier if the council thinks it is inadequate |
| Minimum sampling | At least one sample a year for every supply, for a set list of parameters | For a supply of up to 10 cubic metres a day, one Group A and one Group B sample a year; for over 10 to 100 cubic metres a day, two of each |
| Duty on you to tell the council about a supply | Yes. The owner of the premises must give the council information about a supply that is not on its register; failing to do so is an offence (fine up to level 3) | No separate duty in the Regulations. The council must assess every private supply in its area |
| Notice for guests | Yes. A prominent notice with the information the council requires, where premises are used for a commercial or public activity | No equivalent duty on the owner in the Regulations. The council must inform people who are likely to drink water that is a potential danger |
| Bringing a supply back into use | Part of a system unused for 12 months or more needs to be on the register, risk assessed within the previous 8 weeks and confirmed by the council by notice | A supply out of use for 12 months or more, or a new supply, must not be brought into use until the council is satisfied it is not a potential danger |
| Notices the council can serve | Remediation notice, enforcement notice and emergency notice | One notice that prohibits or restricts use of the supply |
| Appeal | Sheriff, within 14 days of service of a remediation or enforcement notice. The notice has no effect until the appeal is determined | Magistrates' court, within 28 days of service. The notice stays in force unless the court suspends it |
| Penalty for ignoring a notice | {'Remediation or emergency notice': 'fine up to the statutory maximum, or a fine on indictment'} | Fine up to the statutory maximum or up to 3 months in prison, or both; a fine or up to 2 years on indictment |
| Charges | Council may recover its reasonable costs of sampling, analysis, risk assessment and review. No fixed maximum for regulated supplies | {'Council may charge reasonable costs up to set maximums': 'risk assessment £700 for a commercial supply, sampling £100 a visit, analysis £110 (Group A) or £600 (Group B), investigation £250, authorisation £100'} |
| Oversight | Drinking Water Quality Regulator for Scotland | Chief Inspector of Drinking Water (Drinking Water Inspectorate) |
A practical plan for a business owner
Before you buy, open or let a property
- Ask the seller or the council whether the property is on a private supply, and ask for the most recent risk assessment and sample results.
- Check who owns the source and every stretch of pipe. A source on a neighbour's land is a common problem, and owners and occupiers of that land can be treated as relevant persons.
- Budget for treatment. A supply that fails regularly will usually need disinfection, such as ultraviolet treatment, and filtration. Get a quote before you buy.
Each season
- Service the treatment and keep the records. In Wales you must keep disinfection records for 5 years and show them to the council on request.
- In Scotland, check that the water quality notice for guests is on display and up to date.
- If any part of the system has been out of use for 12 months or more, contact the council before you use it.
- Flush and inspect the plumbing in buildings that have been shut. A failure that is caused by a building's own plumbing can still lead to advice or a notice from the council.
If a sample fails
- Follow the council's advice straight away, including any instruction not to drink the water. Tell your guests and staff, offer an alternative supply and keep a record of what you did.
- Find the cause with the council, fix it and ask for a repeat sample. Neither nation lets the council charge for a repeat sample taken only to confirm an earlier result.
- Read any notice carefully for the date by which you must act and for your appeal rights. Appealing does not normally pause the notice in Wales, so comply while you appeal.
If you sell or hand over the business
Give the new owner the risk assessment, the sample history and the treatment records. Both regimes put duties on whoever owns or controls the supply, so a clean handover avoids an argument about who was responsible.
Legal basis
Primary legislation and key regulations
Official guidance
Drinking Water Quality Regulator for Scotland - private water supplies (opens in a new tab)
mygov.scot - private water supplies (opens in a new tab)
Drinking Water Inspectorate - private water supplies (England and Wales) (opens in a new tab)
Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (opens in a new tab)
Private Water Supplies (Wales) Regulations 2017 (opens in a new tab)