The general rule
Private drains serve a single property and normally run from the building to the boundary. Responsibility for clearing and repairing them sits with the property owner. Once the pipe leaves your boundary and joins the shared public sewer, responsibility normally passes to Scottish Water.
This is a general description rather than legal advice. Boundaries, historic arrangements and shared private drains vary property by property, so treat it as a starting point and confirm the specifics with Scottish Water.
Drains shared between several properties
A drain that serves more than one property but is still on private ground is usually a shared private drain. The cost of clearing or repairing it is normally split between the owners it serves. In flats and tenements this is often organised through a factor, and the title deeds usually set out how costs are apportioned.
Tenants and landlords
For a rented property, the tenant should report the problem promptly, and the landlord is normally responsible for maintaining the drainage as part of the repairing standard. If the blockage was clearly caused by misuse, such as wipes or fat, a landlord may seek to recover the cost. Report it in writing either way.
How to tell which side of the boundary it is on
- Lift the chambers in order from the house towards the boundary.
- The last empty chamber and the first full one bracket the blockage.
- If the final chamber before the boundary is full and surcharging, the problem is likely downstream on the public sewer.
- If several neighbouring properties are affected at the same time, that also points to the public sewer.
- Photograph what you find before anything is cleared.
What to do if it is the public sewer
Report it to Scottish Water. They operate a 24 hour contact line and attend blockages and flooding on the public sewer at no charge to the householder. If we attend and find the blockage is on the public side, we will tell you and show you the evidence rather than carry out chargeable work that is not yours to pay for.
What about surface water and road drainage?
Road gullies and highway drainage are normally the local roads authority's responsibility, so West Lothian Council, City of Edinburgh Council, Midlothian Council, Fife Council, Falkirk Council or the relevant authority for your area. Surface water pipework inside your boundary remains yours.
Questions we get asked
Will Scottish Water clear a blockage for free?
Where the blockage is on the public sewer, Scottish Water normally deals with it at no cost to the householder. Where it is in private pipework serving only your property, it is a private cost.
What if I am not sure whose drain it is?
Call us and describe what you have found, or ask Scottish Water. Our camera work identifies exactly where the blockage sits relative to the boundary, which settles the question.
Do I need to prove where the blockage was?
It helps, especially with shared drains and insurance. We supply photographs and CCTV footage showing the location, which is usually enough for a factor, an insurer or a neighbour to accept.