Utility Company Statutory Powers

Can anyone help?

I understand that utility companies can use statutory powers to gain access to carry out repairs. Does anyone here know if there is any way to appeal against those powers, or to ask for a delay to be imposed in the interests of business continuity???

Can you tell us a little more, i.e. are the repairs to be made to their property on private premises or in the public domain like, say, in the street?


Which utility company is it/which service do they provide. I'm guessing water......

one of my mates works for one of the electric companies, i was astounded by what they are aloud to do.

if your tree is in the way of one of there cables, protected or not, they can chop it down, they can dig up anything they want where ever it is, even is its you brand new block paved drive. they have access to anything that "their" cable is attached to, which is the main service into wherever it goes. from the main service onwards if your problem, they cant get parking tickets etc.

it was surprising

It's a water company wanting to work on a private main (IE after the stop valve, but before the meter) They want to dig up the main in the most awkward place and the most awkward time of year and won't accept "No" as an answer.

granted they can get a warrant, but the question is whether I can dictate the timing to avoid business interruption?

[Blue Flame]

I work in the Gas Industry and yeah the statutory rights of entry are there. I have even been involved in breaking into a house (with police presence) whilst the owners were out during an emergency.

As far as your situation is concerned I would have thought the statutory rights are very much dependant on the work that is required to be done. For example is it a planned maintenance/repair of the existing pipe or is it to connect for a new supply. If it for a new supply i would have thought that they would require some form of legal consent. The pipe you say is private so that may well limit those powers further. Does the pipe feed you? Is it passing through your property to feed someone else? Is there a right of access in the deeds for maintenance purposes etc etc.

Well either u take a bolshy approach or take the reasonable approach and negotiate a time to minimise the impact on your business. I would have thought that they would try to work with u to minimise the inconvenience.

Ah now there is an interesting question!

The pipe I believe is mine, feeding someone else. The water company contacted me to say there was a leak that needed rectifying and that they could use statutory powers to gain access to it, though the cost would be all mine. The cost of the work is staggering - we are talking WELL into 6 figures. This will not send me bust, but will seriously damage my budgets for the year (thank god we are not talking about personal wealth here!!!)

I have tried reasonable negotiation with these guys, but they are not reasonable people - after all this company have been told to spend £150million this year on leaks - and they want to reclaim it all from me by the looks of it.

What happens if I say "No you can't do it now - wait until next year" Can they go and get a warrant and come and do the work, or will that take ages to sort and see me through to next year anyway?? Can I be taken to court? Can I say "Look I don't have the money, now f*** off" Can I ask for irrefutable proof of the leak before they did the holes???? Would it just be easier to look for a new job??

[Blue Flame]

How long has this been going on?

As it is a private pipe owned by yourself I would have assumed that you have the right to obtain competitive prices from other companies to ensure that you are getting true value for money. Or has it reached the stage where the water company has tired of asking you to fix the problem and are now enforcing the issue?

Obviously I am talking blind but the figures that you quote suggest to me that the work is to replace the pipe rather than repair the pipe. Perhaps you should consider approaching independant companies who can give you a quote for the work. I assume you have received a formal quotation which details the work to be carried out from this company? That should detail the works to be done and assist you when asking other companies for a quote.

I would suggest that asking them to come back in a years time is not going to work if they currently threatening you with their statutory powers of entry.

Ask them for an Engineers report detailing why they think that there is a problem with your pipe (unless of course it is obvious by the recent creation of a 'swimming pool' in your land ) and a detailed breakdown of the anticipated charges which should include plans of the proposals to fix the 'leak'. Ask them what alternatives to the proposals that they have considered. (EG If they are renewing the pipe why are they not just repairing it or conversely is it such an expensive repair then would it be cheaper to replace etc). Ask them what route are they taking if it is a new pipe. It is a lot cheaper to lay in unmade ground than tarmac road for example. Have they considered trenchless techiniques etc ec.

Finally when you have explored all of this with them then things can further be delayed by referring it to OFWAT and copying them into your letter.
http://www.ofwat.gov.uk/

Complain to OFWAT about the price if they will not give you a detailed cost breakdown splitting the Labour, Materials and Ground Reinstatement costs. (Another way of reducing the costs is to tell them that you will dig all the trenches for them !!)

All of this will probably only delay the inevitable but should if planned right ultimately cut your costs considerably.