Water Industry Act 1991
What this means for your business
- Enforced by
- NRW
- Applies to
- United Kingdom
- On this page
- 105 compliance obligations, 7 practical guides across 2 topics
What you must do
105 compliance obligations under this legislation — 8 can result in imprisonment.
Appointments 1
Ensure water supply consent & thresholds when appointed as undertaker
If your company gets appointed, or is replaced, as a water or sewerage undertaker, you need to check that the premises you serve receive a minimum annual water supply (50 mld in England or 250 mld in Wales) and that each customer gives written consent to be served. This keeps the service authorized and agreed with customers.
Inspections 1
Co‑operate with drinking‑water inspectors
If you run a water undertaking business or hold a water‑supply licence, you must help any appointed Drinking Water Inspector. This means giving them access to your sites, supplying requested information and records, and generally assisting their investigations into water quality or compliance breaches.
Management duties 30
Adopt sewers, drains and sewage works under statutory schemes
If you operate a sewerage service, you may be required to take ownership of certain sewers, lateral drains or sewage disposal works as part of a government‑approved adoption scheme. When the regulations say so, you must prepare a draft scheme, submit it for approval and then use your statutory powers to adopt the works that meet the prescribed criteria.
Carry out all works needed for a domestic water connection
If your water supply company receives a connection notice, you must complete any extra work required to make the domestic water supply connection – this includes laying the service pipe in the street or land as described and fitting the company’s stopcock. You may also lay a water main instead of a service pipe where allowed.
Comply with any written direction issued to your water undertaking
If you operate a water supply company, you must follow any written directions the Secretary of State (or Welsh Ministers) gives you under the Water Industry Act. These directions may apply to all water companies or just to yours, and you must implement them as specified.
Comply with drainage and sewerage management directions
If your business provides sewerage services, you must follow any written directions you receive about drainage and sewerage management plans. The direction may apply to all sewerage undertakers or just yours, and you must implement the required actions promptly. Failure to comply can lead to enforcement action by the Secretary of State or Welsh Ministers.
Comply with water fluoridation arrangements
If your company supplies water and has entered into a fluoridation agreement, you must follow its terms. This means only adding fluoride using the approved chemicals, keeping any fluoridated water supplies within the rules for moving water to other areas, and keeping the arrangement in place until the authority formally ends it.
Disconnect water supply on customer request after notice period
If a customer sends you a written notice saying they will no longer need water from a certain date, you must cut off the supply after that date. You cannot charge the customer for any costs you incur in carrying out the disconnection.
Do not charge more than the maximum set for water or sewerage services
If your business supplies water or sewerage services by using a water or sewerage company’s network, you must follow any order that fixes the highest charge you can recover from your customers. You may also be required to give the Environment Agency certain information, and if you do charge more than the limit you must repay the excess (plus any interest the order allows).
Do not connect private pipes unless adopted by the water company
If a non‑water‑company builds a pipe to supply domestic water or water for food production, your water company must not link that pipe to your supply network unless the pipe has been formally adopted (vested) in you under an agreement. In practice you need to check that any new private pipe has an adoption agreement before allowing it to be connected.
Ensure nutrient standards are met at significant sewage works
If you run a sewerage network in England, you must make sure any plant that discharges nitrogen‑ or phosphorus‑rich effluent into a sensitive catchment can meet the required nutrient pollution standards by the set upgrade date and continues to meet them afterwards. You also need to consider nature‑based solutions when planning how to achieve those standards.
Establish and maintain a complaints handling procedure for sewerage services
If you run a sewerage service you must set up a formal process for dealing with customer complaints, get it approved by the regulator and the regional committee, and make it publicly available. You also have to give a free copy of the procedure on request and must follow any regulator directions to review or change it.
Establish and maintain a complaints handling procedure for water customers
If you supply water, you must put in place a clear procedure for handling complaints from current or prospective customers. The procedure has to be agreed with the regional committee, approved by the Environment Agency, publicised as approved and given free of charge to anyone who asks. You also have to follow any directions from the Agency to review or amend the procedure.
Maintain and develop an efficient water supply system
Unlimited fineIf you run a water supply business, you must continually plan, build and keep up a cost‑effective network that can reliably deliver water to all customers. This includes supplying water on demand to every premise and maintaining, upgrading and extending mains and pipes so the service meets legal obligations.
Maintain public sewers and manage trade effluent disposal
If your business operates a sewerage system, you must keep the public sewers, drains and disposal works in good health, clean them regularly, and make sure they can drain the area effectively. You also have to provide the means to empty and dispose of both domestic sewage and any trade effluent that goes into the sewers.
Make water/land rights available for public recreation while protecting the environment
If your business holds an appointment as a relevant water undertaker, you must ensure that any use of water or land you control is made available for recreational purposes where reasonably practicable. When you propose changes to your functions you must consider and protect natural beauty, wildlife, historic sites and public access, and you must also take the needs of disabled people into account.
Meet water‑supply conditions before first water connection
If you ask the water company to start supplying water to your premises, you must satisfy any conditions they set – pay any outstanding water bills and cut‑off costs, keep required cisterns and valves in good repair, ensure your water fittings comply with regulations, and carry out any steps set out in a notice. You cannot receive your first water supply until these conditions are met.
Minimise damage and pay compensation for works carried out under statutory powers
When your water or sewerage company carries out street works, pipe‑laying, sewerage, metering or water‑discharge activities under statutory powers, you must take all reasonable steps to avoid causing damage and, if damage does occur, you must pay compensation to the affected landowners or other persons. Any disputes over whether compensation is owed or how much must be referred to arbitration or the Upper Tribunal.
Notify and accommodate the water authority before doing sewer works
Unlimited fineIf you need to connect, repair or change a private drain that discharges into a public sewer and the water company isn’t doing the job, you must give the company’s appointed supervisor reasonable notice before you start and provide reasonable facilities for them to supervise the work. This ensures the work is carried out safely and in line with water‑industry rules.
Obtain and comply with consent for trade effluent discharges
If your business discharges any trade wastewater into the public sewer, you must have a valid consent from the water company. When the water company cancels an old ‘deemed consent’, you need to get a new actual consent and follow any conditions it imposes. If you disagree with the water company’s decision, you can appeal to the Environment Agency.
Prepare, publish and keep a drought plan
Unlimited fineIf you run a water‑supply company you must produce a written drought plan that sets out how you will keep supplying safe water during dry periods. The plan has to be published, kept up‑to‑date, reviewed at least every five years (or sooner if circumstances change or the Secretary of State tells you to), and you must consult the Environment Agency, the regulator and any water‑supply licence‑holders before you finalise it.
Prepare, publish and regularly review a water resources management plan
If you run a water supply company you must produce a written plan that shows how you will manage and develop water resources to meet your statutory duties. The plan has to be published, reviewed each year (with the conclusions sent to the Secretary of State) and updated whenever there is a material change, when instructed, or at least every five years, after consulting the Environment Agency, NRBW and other relevant bodies.
Prepare, publish and regularly update a drainage and sewerage management plan
If you operate a sewerage service you must produce a written plan showing how you will manage and develop your drainage and sewerage networks now and in the future. The plan has to be kept public, reviewed each year and a summary of the review sent to the Minister, and you must issue a revised plan whenever circumstances change, the Minister orders it, or at least every five years.
Prepare, submit and publish water resources management plan
If you run a water supply or wastewater company you must produce a water resources management plan, send the draft to the Secretary of State and flag any commercially‑confidential information. You then have to publish the draft (or make it available to those likely to be affected), give people a chance to object or comment, and finally publish the approved plan with any confidential material removed as directed.
Produce and update a proposal when a special administration order is made
If the Secretary of State puts your water company under a special administration order, you must make a written plan that sets out how you will meet the order’s aims. You have to send this plan to the Secretary, the Director General of Water Services, the Registrar of Companies and all creditors, and you must keep the plan up‑to‑date if you make serious changes. The goal is to keep the order’s objectives on track and to show creditors you are making progress.
Promote efficient water use to your customers
If you supply water (as a water undertaker or water‑supply licence holder), you must actively encourage your customers to use water efficiently. This means providing advice, information or tools that help them reduce wastage, but you cannot force them to meet specific water‑saving targets.
Provide recreational facilities for communities affected by new reservoirs in Wales
If your water company builds or operates a reservoir in Wales that permanently changes a community and isn’t mainly for that community’s benefit, you must make leisure or recreational facilities available for the local people. You also need to consult the relevant community councils and the county council about what is provided.
Put designated infrastructure projects out to tender
If a water or sewerage company is told (by the Minister or the Authority) that a particular infrastructure project must be tendered, the company cannot carry out the work itself. It must follow the tendering rules set out in the regulations – advertise the project, allow eligible firms to bid, and select a winning bid according to the prescribed procedure.
Submit and maintain approved code of practice for water works
If your company is appointed as a relevant undertaker under the Water Industry Act, you must prepare a code of practice setting out how you will use your statutory powers and send it to the Secretary of State for approval as soon as reasonably practicable. If the Secretary of State later asks for changes, you must submit the revised code for approval.
Supply water and maintain domestic connections
If you operate a water supply company, you must provide a continuous water supply to domestic premises and keep the link between the main pipe and the service pipe in good working order. Any failure that causes a customer loss or damage can be sued in civil court, unless you can show you took all reasonable steps to avoid the breach.
Supply wholesome water and prevent quality deterioration
If you operate a water supply system (as a water undertaker or licensed water supplier), you must make sure that any water you provide for homes or food production is safe to drink at the point of supply and that, as far as reasonably practicable, the quality does not get worse over time. You also need to put in place prescribed steps to stop the water becoming unsafe after it leaves your pipes.
Take reasonable steps to avoid breaching sewerage duties
If your business provides sewerage services and is subject to an interim duty under section 110L, you must do everything reasonably practicable to avoid breaching that duty. Failure to do so could see the owner or occupier of the premises sue you for any loss they suffer.
Notifications 4
Notify customers before court action on billing disputes
If you are a water or sewerage provider and want to take legal action over a bill dispute, you must give the customer at least 28 days’ written notice of your intention, their rights and any other prescribed information. You also must not start court proceedings while the dispute is being handled by the Authority and must supply any information the Authority asks for.
Notify premises owners of sewerage directions and pay compensation if required
If your company runs a sewerage system, you can issue a special direction before the statutory time limit to keep people safe. When you do this you must let the affected business owner know why you’ve made the direction, and you may have to pay compensation unless you can show the direction was due to an unforeseen change in circumstances. The notice should be given promptly after the direction is issued.
Respond to water discharge reviews and follow agency notices
If your trade premises in England or Wales discharges special‑category effluent, the Environment Agency (or NRBW) can refer those discharges for review. You must give the agency any representations or objections it asks for and later obey any notice it issues – which may prohibit the discharge or impose conditions on it.
Serve a connection notice and pay for water supply
If you own or occupy a building (or plan to build one) and need domestic water, you must give the water company a formal notice requesting a connection, supply any information they ask for, and pay the connection charges. The water company will then be obliged to connect your property to its mains, provided the required conditions are met.
Other requirements 10
Comply with CMA orders for water companies
If you own or run a water supply or distribution business, the Competition and Markets Authority (CMA) can issue orders that change your licence conditions or other aspects of your operation. You must take whatever steps are required to comply with these orders and carry out any changes the CMA demands, such as updating processes, services or infrastructure.
Comply with enforcement orders issued by the Environment Agency
If the Environment Agency (or the Secretary of State) serves your business with an enforcement order under the Water Industry Act, you must obey it. Failing to follow the order can lead to civil action by anyone harmed and may also be a criminal offence. You should act promptly and keep evidence that you have taken reasonable steps to avoid breaching the order.
Comply with notice to move or remove water pipes
If a landowner or neighbour serves you (as a water company) with a notice asking you to alter or remove a pipe that lies on, under or over their land so they can improve it, you must carry out the work unless the request is unreasonable. This duty does not apply to pipes that are in a public street.
Consult local council on all water functions
If you run a water supply company you must talk to the local council whenever you act on any of your duties – for example before changing a pipeline layout, approving a new customer service plan or raising water charges. The only exceptions are when the council tells you not to or it would be obvious that a consultation wouldn’t help. So you need to set up a process for regular, documented dialogue with the council.
Cooperate with the Environment Agency in complaints investigations and pay compensation if required
Fine up to £5,000If a member of the public makes a complaint about how your water company’s works affect their private land, the Environment Agency can investigate. You must give the Agency any information it reasonably asks for, and if the Agency finds you have failed to consult properly or acted unreasonably, you may be ordered to pay up to £5,000 to the complainant.
Follow Authority directions in your appointment
If your company has been appointed by the Environment Agency (or another Authority) to carry out a water‑industry service, the contract can make you give up the right to do certain things or require you to follow any direction the Authority gives you about how you run your business. In other words, you must act in line with the Authority’s guidance whenever it is written into the appointment. This only applies when you actually hold such an appointment – it isn’t a blanket duty for all water companies. You need to keep records of the directions you receive and how you comply with them. Failure to follow the Authority’s directions can lead to enforcement action by the Agency.
Provide alternative water supply when ordered by local authority
If a property’s piped water is unsafe or not enough and the local authority says it threatens health, you as the water company must deliver wholesome water by other means (e.g., tanker, bottled water). You must do this at reasonable cost and for as long as the authority requires.
Provide required public sewers or lateral drains when notified
If you operate a water‑company (sewerage undertaker), you must build a public sewer or a connecting lateral drain when an owner, occupier, local authority or other entitled party serves you with a valid notice and the statutory conditions are met. This duty is triggered by the receipt of that notice and any financial conditions in the Act.
Provide water for non‑domestic premises when requested
If a landlord or business owner asks a water company for a water supply that isn’t for a normal home, the water company must take the necessary steps to enable that supply and then deliver it. The company can refuse only if it would be unreasonable or would breach other regulatory duties.
Provide water main when required by a requisition notice
If you are a water company (water undertaker) and you receive a lawful notice from an owner, occupier, local authority or other entitled body asking for a new water main to supply domestic water, you must build and deliver that main, provided the statutory conditions are met. Failure to do so can lead to a civil claim for damages.
Offences and prohibitions 38
Be personally liable for a corporation’s water offence
Unlimited fineIf your water‑related company commits an offence under the Water Industry Act and a director, manager, secretary or other officer gave consent, turned a blind eye, or was negligent, that individual is also guilty of the same offence. They can be prosecuted alongside the company and face whatever penalty applies to the underlying offence.
Breach a condition of trade effluent consent
Unlimited fineIf your business discharges trade effluent into a public sewer and you break any condition attached to the consent (for example limits on volume, rate, composition, or reporting requirements), you are committing an offence. The occupier of the premises can be prosecuted and, depending on how the case is tried, faces an unlimited fine. No prison term is provided for this breach.
Breach of water‑fitting or contamination regulations
Unlimited fineIf you install, use, connect or allow water fittings that do not meet the standards set by regulations under the Water Industry Act 1991, you are committing a criminal offence. The offence is summary only and can result in a fine up to level 5 on the standard scale (effectively unlimited). The penalty applies to water companies, licence‑holders and any person responsible for water fittings.
Carry out street works without required consent
Fine up to £1,000If a water‑industry undertaker carries out street works – for example breaking open a street – that is under the control of a railway or navigation authority without obtaining the authority’s consent, the undertaking commits an offence. The offence is tried in the Magistrates’ Court and can result in a fine of up to £1,000. No prison term is attached to this particular breach.
Cause waste of water from wells or over‑abstract water
Fine up to £1,000If you let water from a well, borehole or similar source run to waste, or you take more water than you reasonably need, you commit an offence under the Water Industry Act. On summary conviction in a Magistrates' Court you can be fined up to £1,000. The court may also order the well or borehole to be sealed, and failure to follow such an order can lead to additional civil penalties.
Discharge contaminated water during works
Fine up to £1,000If your water company carries out construction, repair or other works and lets water into a river or stream that still contains mud, silt, polluting or harmful substances, you breach the law. The company will be guilty of an offence and, on summary conviction, faces a fine of up to £1,000.
Discharge prohibited waste into a public sewer
2 years imprisonmentIf you or anyone acting for your business throws, empties or otherwise lets prohibited material – such as chemical waste, hot liquids over 43 °C, petroleum spirits or anything that could damage the sewer or harm health – into a public sewer, you are committing a criminal offence. On conviction you face an unlimited fine (or a £50‑per‑day daily fine for each day the breach continues after conviction) and, if tried in the Crown Court, up to two years’ imprisonment.
Discharge trade effluent into public sewer without consent
Unlimited fineIf you let waste water (trade effluent) from your business flow into a public sewer without the water company's consent, you are committing a criminal offence. Conviction can be in the magistrates' court (summary) or Crown Court (indictment) and will result in an unlimited fine. No prison term is attached to this offence.
Fail to act on a regulator’s sewerage notice
Unlimited fineIf you run a sewerage undertaking and do not carry out the duties set out in a notice issued under section 132 (for example, failing to use your powers to make sure the notice is followed), you commit a criminal offence. On conviction you face an unlimited fine – either in the magistrates’ court or, if the case is sent to Crown Court, an unlimited fine there as well.
Fail to comply with appeal requirements or give false statements
2 years imprisonmentIf you are a party to a water‑industry appeal and you do not obey a requirement in the regulations – for example failing to attend a hearing, not producing requested documents, wilfully destroying documents, or giving a false statement or false verification – you commit a criminal offence. On conviction you can be fined without limit and, for the most serious breaches, sentenced to up to two years’ imprisonment. The case may be heard in either the Magistrates’ Court or the Crown Court, depending on the breach.
Fail to comply with information notice
Unlimited fineIf you are served a notice requiring you to hand over documents or supply information and you do not comply without a reasonable excuse, you commit a criminal offence. On summary conviction you can be fined an unlimited amount (level 5 on the standard scale). There is no custodial sentence for this breach.
Fail to comply with water discharge consent requirements
Fine up to £1,000If your water company discharges water through a pipe larger than 229 mm without the required consent, or breaches any condition of an approved consent, you are committing a criminal offence. On conviction in the Magistrates' Court you could be fined up to £1,000. No custodial sentence is provided for this offence.
Fail to keep required works‑discharge register
Fine up to £1,000If you run a water undertaking and do not maintain the register of persons and premises as required by the Water Industry Act, you commit a criminal offence. On conviction in the magistrates' court you can be fined up to £1,000. No prison term is prescribed for this breach.
Fail to maintain water fittings or misuse water supply
Fine up to £1,000If you own or occupy premises that receive water from a water undertaker and you let a water fitting fall into disrepair, or use it so that water becomes contaminated, wasted or mis‑used, you commit an offence. Likewise, using the supplied water for any purpose other than its intended use (except fighting a fire) also creates an offence. On conviction in the Magistrates' Court you face a fine of up to £1,000.
Fail to meet fire‑fighting water supply duties
Unlimited fineIf your water company does not provide, install, maintain or give access to fire‑hydrants as required by the Water Industry Act, you are committing a criminal offence. On conviction you face an unlimited fine – either in the Magistrates’ Court (summary) or in the Crown Court (on indictment). There is no prison term for this offence.
Fail to provide information or assistance to regulator
Unlimited fineIf a water company does not give the Secretary of State or the Water Services Regulation Authority the information or assistance they reasonably require under the transition provisions, the company commits a criminal offence. On summary conviction in a magistrates’ court the company faces an unlimited fine.
Fail to provide information or give false data on special effluent
2 years imprisonmentIf the water regulator serves you with a written notice asking for information about special category effluent, you must supply it in the form and timeframe specified. Failing to do so without a reasonable excuse, or knowingly providing false or misleading information, is a criminal offence. Conviction can result in an unlimited fine and/or up to two years’ imprisonment.
Fail to provide information to a local authority
Unlimited fineIf a local authority serves you with a notice asking for information needed for its water‑related functions and you do not supply that information without a reasonable excuse, you commit a criminal offence. On summary conviction you face an unlimited fine (level 5 on the standard scale). No imprisonment is provided for this offence.
Fail to provide information to sewerage undertaker
Fine up to £1,000If you own or occupy land that has a sewer, drain, pipe, channel or outlet used for trade effluent, you must give the sewerage company any plans and information they request in writing. Not doing so is a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £1,000.
Fail to refer special‑category effluent agreement to the appropriate agency
Unlimited fineIf a water (sewerage) company agrees to take special‑category industrial waste without first asking the environmental regulator to decide whether the activity should be prohibited or subject to conditions, the company commits a criminal offence. On conviction the company faces an unlimited fine (either in the magistrates’ court or Crown Court). No prison term is attached.
Fail to refer special category effluent application to agency
Unlimited fineIf your water or sewerage company receives an application to discharge a special category effluent and does not send the required questions to the appropriate environmental agency within the two‑month deadline, you commit a criminal offence. The offence can be tried in either the Magistrates' Court or Crown Court. On conviction you face an unlimited fine (no imprisonment).
Fail to serve a required notice under section 75
Fine up to £1,000If a water company disconnects or cuts off a water supply and does not send the required notice setting out the steps the consumer must take before the supply can be restored, the company commits a criminal offence. On summary conviction in the Magistrates’ Court the company faces a fine of up to £1,000.
Fail to supply water at required pressure
Unlimited fineIf your water company does not keep water flowing at a constant pressure high enough to reach the top floor of every building in your area (subject to gravity limits), you breach a statutory duty. You can be prosecuted and face an unlimited fine, whether tried in a magistrates' court or Crown Court.
Impersonate authorised entry to water premises or vessels
Fine up to £2,500If anyone pretends they have permission from a water company to enter a site, pipework, or vessel when they have not been officially designated or authorised, they commit an offence. The offence applies even if the claimed power does not exist. On conviction in the Magistrates' Court the offender can be fined up to £2,500 (level 4 on the standard scale).
Introduce water into a supply system without authorisation
2 years imprisonmentIf you (or your business) put water into a water provider’s network without permission – for example, tapping into the mains or diverting water into the system – you commit a criminal offence. On conviction you face an unlimited fine and, if tried in the Crown Court, up to two years’ imprisonment.
Make a sewer connection after undertaker notice
Fine up to £2,500If a water company (sewerage undertaker) gives you formal notice that it will make the connection between your drain and the public sewer, you must not carry out the work yourself. Doing so is a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £2,500.
Obstruct sewerage works or related activities
Fine up to £200If you deliberately block or interfere with anyone (for example, a water company) carrying out work required under sewerage provisions, you commit a criminal offence. On conviction in a magistrates' court you can be fined up to £200. The court may also order you to allow the work to be carried out.
Pollute water used for human consumption or food manufacturing
2 years imprisonmentIf your business causes water in any water source (e.g., spring, well, reservoir, pipe) that is used for drinking, domestic purposes, or making food and drink to become polluted, you commit a criminal offence. Conviction can result in an unlimited fine and, for an indictment, up to two years\' imprisonment, with daily fines for a continuing offence after conviction.
Provide false information to water regulator
Unlimited fineIf you knowingly or recklessly give a false statement when supplying information or making an application under any part of the Water Industry Act, you commit a criminal offence. On conviction you can be fined – the court may impose an unlimited fine, either on summary conviction in a magistrates’ court or on indictment in the Crown Court. A prosecution can only be started with the consent of the Secretary of State or the Director of Public Prosecutions.
Remove matter from sewerage system without permission
2 years imprisonmentIf your business takes anything out of a public sewer (for example, cleaning or extracting waste) and you are not the water company or a licensed operator, you are committing a criminal offence. On conviction you could be fined up to £20,000 in the magistrates’ court, or face an unlimited fine and up to two years’ imprisonment in the Crown Court. Only the Secretary of State or the water authority can bring proceedings.
Supply water unfit for human consumption
2 years imprisonmentIf the water your company supplies (or any water you are responsible for supplying) is not safe to drink, you and any employer or self‑employed person involved can be prosecuted. Conviction can result in an unlimited fine and up to two years in prison, unless you can show you had no reasonable grounds to suspect it would be used for drinking or you took all reasonable steps to ensure it was safe.
Tamper with water or sewerage meter
Fine up to £1,000If you deliberately or recklessly interfere with a water‑supply or sewerage meter – for example by blocking it, altering it or doing work that could affect its operation – you commit a criminal offence. It also applies if you carry out works you know are likely to affect the meter or require it to be disconnected. On conviction in the magistrates' court you face a fine of up to £1,000.
Unauthorised disclosure of water‑industry information
2 years imprisonmentIf you share water‑industry information that you obtained under the Water Industry Act without the consent of the person or business it relates to, or you disclose information that was supplied to you under section 204 or Chapter III of the Act outside the narrow exceptions, you commit a criminal offence. On conviction you can be fined (the summary fine is unlimited) and, for the more serious breach, face up to two years’ imprisonment. A smaller breach (disclosure of information under section 204/Chapter III) can also lead to up to three months’ imprisonment or a fine of up to level 3 on the standard scale (£1,000).
Unauthorised use of sewerage system
Unlimited fineIf you (or your business) connect to or use the sewerage system of a water company in England to provide services to a customer, to yourself or to an associated party without the water company’s permission, you commit a criminal offence. The offence can be prosecuted in either a Magistrates’ Court or a Crown Court. A conviction carries an unlimited fine, but no prison sentence is prescribed.
Unauthorised use of water supply system
Unlimited fineIf you connect to or use a water undertaker’s pipe network to supply water to your premises, your customers or anyone associated with you without permission, you commit an offence. The prohibition does not apply when the supply is made by the water company itself or a licensed water supplier. Conviction can result in an unlimited fine, either in the magistrates’ court (summary) or the Crown Court (indictment), and any contract based on the illegal supply is unenforceable.
Use limiting devices to enforce payment of water charges
Fine up to £1,000If a water company fits a device that restricts the flow of water to a premises in order to force the customer to pay their water bill, the company commits a criminal offence. On conviction in the magistrates' court the company can be fined up to £1,000. No jail term is provided for this offence.
Use water in breach of a temporary ban
Fine up to £1,000If a water company issues a temporary ban on certain water uses (for example, watering a garden with a hosepipe) you must not carry out those activities in the area and dates specified. Carrying out a prohibited use during the ban is an offence. On conviction in the magistrates' court you face a fine of up to £1,000, but no prison term.
Wilfully obstruct entry by water authority
Fine up to £200If you intentionally block, hinder or otherwise prevent a person who has a legal right of entry (or a warrant) under the Water Industry Act from entering premises, you commit an offence. A conviction in the magistrates’ court carries a fine of up to level 1 (£200).
Record keeping 3
Keep trade‑effluent records available for public inspection
If your business is a sewerage undertaker (i.e. a water or sewerage company), you must keep copies of all consents, directions, agreements and notices relating to trade effluent at your office and make them available for anyone to inspect free of charge. You also have to provide copies or extracts of those records to anyone who asks, for a reasonable fee.
Maintain and provide up‑to‑date sewer maps for public inspection
If you run a sewerage undertaking you must keep detailed records and maps of every public sewer, lateral drain and disposal main you own or are responsible for, update the records as soon as reasonably practicable after any works, keep the records separate for each local authority area, and allow anyone to inspect the maps free of charge at your office.
Maintain up‑to‑date maps of all water mains and underground works and make them publicly available
Your water company must keep detailed maps showing where every water pipe, resource main, discharge pipe and other underground works are located. After any work is carried out you must update the maps promptly and note the date of the work, and you must let anyone view the maps for free at your office during reasonable times.
Registration and licensing 1
Submit water licence application as set out by the regulator
If your business needs a water supply or sewerage licence (or a variation of one), you must follow the regulator’s published notice – using the correct form, providing the requested information and documents, and paying the required fee. Failing to do so means your application can be refused.
Reporting and filing 17
Give notice to the Authority of any water charge reductions
If a rule reduces the water charge you pay under a bulk supply agreement, you (the water undertaker) must inform the Environment Agency about the reduction. The notice must include which rule caused the cut, the charge amounts before and after the cut, and the period the reduction applies for.
Monitor fluoridation health effects & publish reports
If you run a water company that supplies fluoridated water, you must keep track of how the fluoridation affects local residents and produce a report every four years. You also have to share the data, or a summary of it, with the regulator. These duties are enforced by the Environment Agency.
Notify the Environment Agency of any reduced water charge
If your business is a water supply licencee and a charge you owe under a section 66D agreement is reduced according to the rules, you must inform the Environment Agency. The notice must include the original charge, the reduced amount and the period the reduction applies for.
Notify the Environment Agency when a sewerage charge is reduced
If your business is a sewerage undertaker and a charge you receive under a main‑connection agreement is reduced because of a rule made under s 110F, you must tell the Environment Agency about the reduction. The notice must include the rule that caused the reduction, the amount before and after, and the period it applies for, and it must be sent within the time‑frame set by the rule.
Provide information to the Environment Agency on bulk water supplies
If your business supplies water under a bulk supply agreement, you must give any information the Environment Agency asks for about that water. The duty applies whenever the agency makes a request, and you need to respond with the relevant data.
Provide information to water undertaker for drought plans
If you run a water supply business (a water‑supply licence holder), you must give the water company any information it reasonably asks for to help it prepare or update its drought plan. This means keeping records and responding promptly when such a request is made.
Provide information to water undertaker for its resource plan
If your business holds a water‑supply licence you must give the water undertaker any information it reasonably asks for to help it prepare or update its water‑resources management plan. You also have to flag any data you consider commercially confidential and you may only use unpublished information for the purpose of that plan.
Provide requested information to the Secretary of State
Unlimited fineIf your business is a water‑industry undertaker or holds a water‑supply/sewerage licence, you must give the Secretary of State any information they reasonably ask for about your activities. The information must be supplied in the format they specify, and you may have to obtain data that you do not already hold.
Provide required information and fee when requesting licence application to be forwarded
If you apply for a water‑supply or sewerage licence and ask the water authority to send your application to the Water Industry Commission for Scotland, you must give the authority all the information and the fee that the Commission needs to treat it as a 2005 Act licence application. This must be done before the agreed deadline for that type of application.
Provide sewer maps and records to local authorities
If you run a sewerage undertaking, you must give local authorities free copies of all your sewer records (including any updates) in map form. You also have to keep those maps available for public inspection at the authority’s office whenever the public asks. This duty continues for as long as the records relate to the authority’s area.
Publish annual financial overview on your website
If you run a water supply company (a relevant undertaker), you must put a clear, up‑to‑date summary of your financial position on a prominent part of your website each year. The overview must show your share capital, debt and any major changes in the last 12 months or expected in the next 12 months (if already announced).
Publish annual storm‑overflow reports
Unlimited fineIf you run a sewerage company in England, you must produce a yearly report for each of your storm‑overflows. The report must list where the overflow is, where the water goes, how often and how long it discharges (and the volume where known), and any investigations or improvement work carried out. The report must be clear, easy for the public to understand and be made publicly available by 1 April each year for the previous calendar year.
Report director remuneration linked to performance standards
If your company holds a water‑undertaker appointment, you must, as soon as reasonably practicable after each financial year, tell the Environment Agency whether any directors were paid remuneration that is linked to performance standards. You must describe the arrangements, how performance is measured and how the pay was calculated, publish the statement and indicate any future plans if no such arrangements exist.
Respond to licence modification proposals
If the Environment Agency (the Authority) wants to change the conditions of your water supply or sewerage licence, they must give you written notice. You must either agree to the changes or submit any objections or representations within the time‑frame they set (at least 28 days). Failing to respond could delay the modification process.
Respond to regulator’s notice of licence condition changes
If the Environment Agency publishes a notice that it wants to change the standard conditions of your water‑supply or sewerage licence, you must review the proposal and, if you wish, submit any objections or comments within 28 days. Failing to respond means the changes may be applied automatically.
Serve written copies of special effluent reference to owner/occupier and sewerage undertaker
When your company (the Authority) makes an appeal regarding special‑category effluent, you must put the reference in writing and send a copy to the owner or occupier of the premises concerned and to the sewerage undertaker. This ensures everyone who might be impacted is formally notified of the appeal.
Share meter readings with other water/sewerage providers
Unlimited fineIf your business supplies water or sewerage services and you have taken a meter reading that another water‑related provider needs to calculate its charges, you must give them that reading. This only applies when both providers serve the same premises and the other provider has agreed to share the cost of obtaining and passing on the reading.
Penalties for non-compliance
46 penalties under this legislation. 8 can result in imprisonment. 28 carry an unlimited fine.
Discharge prohibited waste into a public sewer
Unlimited fine and/or 2 years imprisonment
Fail to comply with appeal requirements or give false statements
Unlimited fine and/or 2 years imprisonment
Fail to provide information or give false data on special effluent
Unlimited fine and/or 2 years imprisonment
Introduce water into a supply system without authorisation
Unlimited fine and/or 2 years imprisonment
Pollute water used for human consumption or food manufacturing
Unlimited fine and/or 2 years imprisonment
Supply water unfit for human consumption
Unlimited fine and/or 2 years imprisonment
Unauthorised disclosure of water‑industry information
Unlimited fine and/or 2 years imprisonment
Remove matter from sewerage system without permission
Fine up to £20,000 and/or 2 years imprisonment
Maintain and develop an efficient water supply system
Unlimited fine
Notify and accommodate the water authority before doing sewer works
Unlimited fine
Prepare, publish and keep a drought plan
Unlimited fine
Be personally liable for a corporation’s water offence
Unlimited fine
Breach a condition of trade effluent consent
Unlimited fine
Breach of water‑fitting or contamination regulations
Unlimited fine
Discharge trade effluent into public sewer without consent
Unlimited fine
Fail to act on a regulator’s sewerage notice
Unlimited fine
Fail to comply with information notice
Unlimited fine
Fail to meet fire‑fighting water supply duties
Unlimited fine
Fail to provide information or assistance to regulator
Unlimited fine
Fail to provide information to a local authority
Unlimited fine
Fail to refer special‑category effluent agreement to the appropriate agency
Unlimited fine
Fail to refer special category effluent application to agency
Unlimited fine
Fail to supply water at required pressure
Unlimited fine
Provide false information to water regulator
Unlimited fine
Unauthorised use of sewerage system
Unlimited fine
Unauthorised use of water supply system
Unlimited fine
Provide requested information to the Secretary of State
Unlimited fine
Publish annual storm‑overflow reports
Unlimited fine
Fail to meet water‑industry duty under sections 205A/205B
Unlimited fine
Cooperate with the Environment Agency in complaints investigations and pay compensation if required
Fine up to £5,000
Cause unlawful sewer connection
Fine up to £2,500
Impersonate authorised entry to water premises or vessels
Fine up to £2,500
Make a sewer connection after undertaker notice
Fine up to £2,500
Carry out street works without required consent
Fine up to £1,000
Cause waste of water from wells or over‑abstract water
Fine up to £1,000
Discharge contaminated water during works
Fine up to £1,000
Fail to comply with water discharge consent requirements
Fine up to £1,000
Fail to keep required works‑discharge register
Fine up to £1,000
Fail to maintain water fittings or misuse water supply
Fine up to £1,000
Fail to provide information to sewerage undertaker
Fine up to £1,000
Fail to serve a required notice under section 75
Fine up to £1,000
Tamper with water or sewerage meter
Fine up to £1,000
Use limiting devices to enforce payment of water charges
Fine up to £1,000
Use water in breach of a temporary ban
Fine up to £1,000
Obstruct sewerage works or related activities
Fine up to £200
Wilfully obstruct entry by water authority
Fine up to £200
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 6
Adopt new sewers under Section 104
How to get new sewers adopted by the water and sewerage company under Section 104 of the Water …
Construction drainage design and compliance
How to design and install foul and surface water drainage that meets Approved Document H requirements. Covers pipe …
Design and construct SuDS for new developments
How to design and construct sustainable drainage systems (SuDS) for new developments. Covers CIRIA C753 design principles, SuDS …
Drainage and utilities compliance checklist
Pre-start compliance checklist for drainage and utility infrastructure works. Covers Section 104 sewer adoption, Approved Document H, confined …
Get a water discharge permit
How to get an environmental permit for discharging liquid effluent or waste water to surface water or groundwater. …
Trade effluent consent for discharging to sewers
How to get consent from your water company to discharge trade effluent into public sewers. Covers what counts …
Sections and provisions
500 classified provisions from this legislation.
Duties 114
- s.3 General environmental and recreational duties. company holding an appointment …
- s.7 Continuity of appointments, replacement appointments etc. Secretary of State
- Schedule 8 PRE-1989 ACT TRANSITIONAL AUTHORITY FOR TRADE EFFLUENT DISCHARGES ETC. undertaker
- s.9 Duties affecting making of appointments and variations.
- s.12H Time limits for CMA to determine an appeal other persons likely
- s.12F Determination by CMA of appeal matter
- s.12 Determinations under conditions of appointment. CMA
- s.12I Determination of appeal by CMA: supplementary person likely
- s.12G CMA’s powers on allowing an appeal The Authority
- s.12K Modifications under section 12J: procedural requirements That time
- s.14 Modification references to CMA. such notice the CMA
- s.15 Reports on modification references. and the Director
- s.16D Modifications under section 16C: procedural requirements That time
- s.17N Reports on modification references and the Authority
- s.17F Procedure for granting water supply and sewerage licences
- s.17J Modification of standard conditions relevant licence holder
- s.17DA Guidance
- s.17K Modification references to competition authority such notice the CMA
- s.17FB Applications forwarded to the Water Industry Commission for Scotland
- s.17I Modification of licences by agreement the Authority
- ... and 94 more duties
Offences and penalties 43
- Schedule 6 SUPPLEMENTAL PROVISIONS RELATING TO RIGHTS OF ENTRY
- Schedule 13 PROTECTIVE PROVISIONS IN RESPECT OF CERTAIN UNDERTAKINGS
- s.22B Statement of policy with respect to penalties
- s.22C Time limits on the imposition of financial penalties
- s.57 Duty to provide a supply of water etc. for fire-fighting.
- s.63A Prohibition of use of limiting devices.
- s.65 Duties of undertakers as respects constancy and pressure.
- s.66J Prohibition on unauthorised introduction of water
- s.66I Prohibition on unauthorised use of supply system
- s.69 Regulations for preserving water quality.
- s.70 Offence of supplying water unfit for human consumption.
- s.71 Waste from water sources.
- s.72 Contamination of water sources.
- s.73 Offences of contaminating, wasting and misusing water etc.
- s.74 Regulations for preventing contamination, waste etc. and with respect to water fittings.
- s.75 Power to prevent damage and to take steps to prevent contamination, waste etc.
- s.76 Temporary bans on use
- s.85 Local authority power to obtain information for the purposes of functions under Chapter III.
- s.107 Right of sewerage undertaker to undertake the making of communications with public sewers.
- s.109 Unlawful communications.
- ... and 23 more offences and penalties
Powers 159
- Schedule 1 Remuneration, pensions etc.
- s.2B Strategic priorities and objectives: Wales
- s.2A Strategic priorities and objectives: England
- s.5 Codes of practice with respect to environmental and recreational duties.
- s.6 Appointment of relevant undertakers.
- s.8 Procedure with respect to appointments and variations.
- s.10 Transitional provision with respect to replacement appointments.
- s.11 Power to impose conditions.
- s.12D Appeal to the CMA
- s.12C Modifications of conditions under section 12A: supplementary
- s.12J Modification by the Secretary of State: special administration orders
- s.13 Modification by agreement.
- s.14A References under section 14: time limits
- s.16A CMA's power of veto following report
- s.16C Modification by the Welsh Ministers: special administration orders
- s.16 Modification following report.
- s.17FA Applications forwarded by the Water Industry Commission for Scotland
- s.17HA Standard conditions of sewerage licences
- s.17C Meaning of household premises
- s.17L References under section 17K: time limits
- ... and 139 more powers
Definitions 55
- s.1A Water Services Regulation Authority
- s.2 General duties with respect to water industry.
- Schedule 14 MINERAL RIGHTS
- s.17B Meaning of supply system
- s.18 Orders for securing compliance with certain provisions.
- s.24 Special administration orders made on special petitions.
- s.33B Opinion of the Authority
- s.36 Interpretation of Part II.
- s.36E Ministerial responsibility
- s.42 Financial conditions of compliance.
- s.43A Calculation of “ discounted aggregate deficit ” for the purposes of section 42
- s.43 Calculation of “relevant deficit” for the purposes of section 42.
- s.48 Interest on sums deposited in pursuance of the deposit condition.
- s.51E Sections 51A to 51D: supplementary
- s.59 Supplies for other public purposes.
- s.63AC Interim duty: domestic and non-domestic supply
- s.66B Introduction of water into water undertaker's supply system
- s.66H Designation of collective strategic supply
- s.66C Introduction of water provided by secondary water undertaker
- s.66G Designation of strategic supply
- ... and 35 more definitions
Exemptions 59
- s.4 Environmental duties with respect to sites of special interest.
- s.17BB Sewerage licences: restrictions on grants
- s.17AA Water supply licences: restrictions on grants
- s.19 Exceptions to duty to enforce.
- s.20 Procedure for enforcement orders.
- s.26 Restrictions on voluntary winding up and insolvency proceedings.
- s.27E Provision of advice and information to public authorities
- s.33A Exceptions to duty to make reference
- s.35 Construction of merger provisions.
- s.35B Rules about remuneration and governance
- s.35D Rules under section 35B: minor or urgent variations
- s.40A Variation and termination of bulk supply agreements.
- s.40 Bulk supplies.
- s.40D Codes under section 40B: minor or urgent revisions
- s.40H Rules under section 40E: minor or urgent revisions
- s.40E Rules about charges for the supply of water in bulk
- s.50 Restriction on imposition of condition requiring separate service pipes.
- s.51CC Codes under section 51CA: minor or urgent revisions
- s.51A Agreements to adopt water main or service pipe at future date
- s.51C Variation and termination of section 51A agreements
- ... and 39 more exemptions