Sewerage (Scotland) Act 1968
What this means for your business
- Enforced by
- Mining Remediation Authority, National Highways, Natural England
- Applies to
- United Kingdom
- On this page
- 16 compliance obligations, 1 practical guide
What you must do
16 compliance obligations under this legislation — 2 can result in imprisonment.
Notifications 1
Serve notice to other owners before undertaking common sewerage works
If you plan to carry out sewerage maintenance or other works that affect neighbouring properties, you must give each of those owners a written notice first. The notice must detail who you are, what work you will do, why and when, the estimated cost and each neighbour’s share. You can only start the work after at least 28 days and the notice remains valid for up to 12 months (or longer if extended).
Other requirements 4
Claim compensation from Scottish Water within 24 months
If Scottish Water builds a sewer on, in or over your land and you suffer loss, injury or damage (and you were not at fault), you must lodge a claim for compensation with Scottish Water within 24 months of the damage. Any dispute will be sent to an arbitrator, who may also consider any increase in the land’s value caused by the sewer.
Obtain Scottish Water consent before building over a sewer
If you plan to erect a new building or construct an embankment that could interfere with or block access to a sewer owned by Scottish Water, you must first get written permission from Scottish Water. The water authority cannot refuse unreasonably, but you cannot start the work until consent is granted.
Obtain Scottish Water consent before new trade effluent discharge
If you run a business in Scotland and want to start sending any new waste water or trade effluent into the public sewer, you must first get written permission from Scottish Water. Apply for consent using the procedure in the Act and do not discharge until that approval is in hand.
Provide all sewerage notices and documents in writing
If you own, occupy or plan to occupy premises in Scotland, any notice, direction, decision, application, appeal or agreement you give under the Sewerage (Scotland) Act must be sent in writing. You cannot rely on verbal instructions – you need a letter, email or other written record.
Payments and fees 1
Request and pay for septic‑tank emptying
If you own or occupy premises that use a septic tank, you can ask Scottish Water to empty it. You must do this only when it is reasonably practicable and you must pay the full charge on time. If the tank receives trade effluent, the same rule applies only if Scottish Water agrees.
Offences and prohibitions 9
Connect to Scottish Water sewer without permission
Fine up to £40,000If you connect or alter a drain, sewer or SUD system to Scottish Water’s sewers, SUD systems or treatment works without first obtaining permission (or you breach any conditions attached to that permission), you commit a criminal offence. On conviction in the magistrates’ court you can be fined up to £40,000, and Scottish Water may close, remove or remake the unlawful connection and recover the costs from you.
Discharge fat, oil or grease into a public sewer
2 years imprisonmentIf you allow fat, oil or grease to be washed from your trade premises into a public sewer or a connected drain, and it can block flow or affect treatment, you commit an offence. The offence applies whether you do it yourself or permit it. Conviction can lead to up to two years in prison and an unlimited fine (or up to 12 months and a £40,000 fine if tried in the magistrates’ court).
Discharge prohibited matter into public drainage
2 years imprisonmentIf you or your business let any waste that could damage, block or prejudice a public sewer, surface‑water drainage (SUD) system or sewage treatment works onto a drain, you commit an offence. The offence also covers substances that could interfere with the flow, affect treatment or pose a health risk, unless you could not reasonably have known. On conviction you face an unlimited fine (in the Crown Court) and up to two years’ imprisonment.
Discharge trade effluent into sewers without consent
Fine up to £40,000If your business (as the occupier of trade premises) releases waste into Scottish Water’s sewers or treatment works without getting the required consent, or goes against any direction or condition imposed, you commit a criminal offence. A conviction in the magistrates' court can lead to a fine of up to £40,000. No imprisonment is mentioned.
Disclose confidential information obtained under the Sewerage Act
Unlimited fineIf anyone who has been allowed onto land or premises under the Sewerage (Scotland) Act 1968 uses or shares information about a manufacturing process or trade secret that they learned there – unless it’s part of their official duty – they commit an offence. The same applies to anyone who passes on information given to them under the Act without the owner’s consent or a statutory exception. A conviction results in a fine (unlimited) on summary conviction, but no custodial sentence.
Fail to provide or give false premises information to Scottish Water
Fine up to £1,000If Scottish Water asks you in writing for details about your interest in a property and the names and addresses of anyone else who has an interest, you must supply that information. Not responding, or knowingly giving incorrect details, is a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £1,000.
Fail to provide sewer plans or information to Scottish Water
Fine up to £1,000If Scottish Water writes to you asking for plans or information about a sewer, sustainable urban drainage (SUD) system or drain on your land, you must supply them (or copies) at no unreasonable cost. Not doing so is a criminal offence. On conviction in the Magistrates' Court you could be fined up to £1,000.
Ignore Scottish Water direction on sewer‑works construction
Fine up to £2,500If you build a drain, sewer, sustainable drainage system or sewage treatment works in Scotland and Scottish Water has issued you a direction on how to construct it, you must follow that direction. Constructing the works in any other way is a criminal offence. On summary conviction you can be fined up to £2,500; there is no custodial sentence mentioned.
Wilfully obstruct entry by authorised Scottish Water personnel
Fine up to £1,000If you deliberately block or refuse entry to land or premises when an authorised person (for example, someone acting for Scottish Water) has a legal right to enter under this Act, you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £1,000, plus an additional £5 for each day the obstruction continues after conviction.
Reporting and filing 1
Provide discharge information to Scottish Water on request
If your business premises release any waste into the sewer system, you must give Scottish Water the same details they would require for a new discharge licence – plus how long the discharge has been happening – whenever they ask you for it in writing. This means keeping records of what you discharge and for how long, and being ready to share them promptly.
Penalties for non-compliance
9 penalties under this legislation. 2 can result in imprisonment. 3 carry an unlimited fine.
Discharge fat, oil or grease into a public sewer
Unlimited fine and/or 2 years imprisonment
Discharge prohibited matter into public drainage
Unlimited fine and/or 2 years imprisonment
Disclose confidential information obtained under the Sewerage Act
Unlimited fine
Connect to Scottish Water sewer without permission
Fine up to £40,000
Discharge trade effluent into sewers without consent
Fine up to £40,000
Ignore Scottish Water direction on sewer‑works construction
Fine up to £2,500
Fail to provide or give false premises information to Scottish Water
Fine up to £1,000
Fail to provide sewer plans or information to Scottish Water
Fine up to £1,000
Wilfully obstruct entry by authorised Scottish Water personnel
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
79 classified provisions from this legislation.
Duties 15
- s.1 Duty of local authority to provide for sewerage of their area. local authority
- s.2 Maintenance of public sewers and other works. Scottish Water
- s.4 Power of local authority to close or alter public sewers etc. work necessary
- s.9 Loan of temporary sanitary conveniences.
- s.10 Emptying of septic tanks. Scottish Water
- s.11 Duty of local authority to keep map showing public sewers etc. local authority
- s.20 Compensation for loss etc. resulting from exercise of powers under this Part of this Act.
- s.21 Buildings not to interfere with sewers. question arises as
- s.26 New discharge only with consent of the authority.
- s.28 Time to dispose of application.
- s.30 Intimation of decision.
- s.35 Furnishing of information.
- s.37A Register for purposes of Part II.
- s.38D Notice and effect
- s.53 Notices etc. to be in writing.
Offences and penalties 9
- s.12 Rights of owners and occupiers to connect with and drain into public sewers etc.
- s.14 Direction by local authority as to manner of construction of works.
- s.24 Right to discharge into public sewers.
- s.44 Power of local authorities to require information as to ownership etc. of premises.
- s.45 Production of plans and furnishing of information to authorities.
- s.46A Offence as to fat, oil or grease
- s.46 Certain matter not to be passed into drains.
- s.48 Powers of entry.
- s.50 Restriction on disclosure of information.
Powers 19
- s.3A Authorisation of construction of certain private sewers etc.
- s.3 Construction etc. of public sewers and public sewage treatment works.
- s.8 Agreements as to provision of sewers etc. for new premises.
- s.17 Local authority may take over private sewage treatment works.
- s.29 Decision on application.
- s.31 Appeal against refusals and conditions.
- s.32 Review of consents, conditions and refusals.
- s.37B Exclusion from register of information affecting national security.
- s.38 Power to extend Part II to other effluents.
- s.38C Common maintenance
- s.38E Review of notice
- s.39 Local authority to have right to sewage.
- s.41 Breaking open of streets, etc.
- s.42 Execution of works by local authorities for other persons.
- s.43 Power to require occupier to permit works to be executed by owner.
- s.51 Procedure on appeals to Secretary of State.
- s.54 Local enactments.
- s.58 Orders.
- s.59 Interpretation.
Definitions 8
- s.7 Agreements between highway and local authorities.
- s.22 Protection for statutory undertakers.
- s.27 Procedure on application for consent to new discharge.
- s.29A Priority substances etc. priority substance pollutant
- s.37C Exclusion from register of commercially confidential information
- s.38H Controlled Activities Regulations the Controlled Activities Regulations
- s.38A Application of Part private works
- s.56 Saving for Coast Protection Act 1949.