Water supply

[Unregistered]

Please can you tell me if it is illegal for water supplers to connect houses without habitation certificates to the mains supply or is it something that they can overide if necessary. Our urbanisation is only half completed...some with habitation and some without. The water company has connected a few houses that do not yet have habitation certificates to the mains yet refuse others in the same position. I would be grateful for a reply as I would like to be clear on what the law is on this matter.
Many thanks

[Lawbird Lawyer]

Please can you tell me if it is illegal for water supplers to connect houses without habitation certificates to the mains supply or is it something that they can overide if necessary. Our urbanisation is only half completed...some with habitation and some without. The water company has connected a few houses that do not yet have habitation certificates to the mains yet refuse others in the same position. I would be grateful for a reply as I would like to be clear on what the law is on this matter.
Many thanks

Dear Sir/Madam,

The law is clear on the matter. Please read our FAQ on Licence of First Occupation.

Utility companies require by law that a LFO is issued to provide you with supply. Until then you will be on the builder's supply which has many associated problems but at least its free (or theoretically should be but often in practice it isn't and this abuse must be challenged needless to say).

Having written the above, we all know of developments which somehow have managed to obtain utilities without a LFO often arguing that they had attained it by means of what's known as Positive Administrative Silence (ASR) when they actually hadn't. A prime example of the law saying one thing and how in practice things work out differently.

As a lawyer I can only advice on what's legal and how things ought to be done in this country as per our own laws.

In any case your query is self-explanatory. You mention that some phases in your development already have the LFO (AKA Habitation Licence or Certificate of Habitation). It will be these units that are entitled legally to obtain the official supply from the utility companies (water, electricity, gas...). The other dwellings will be on the builder's supply until they are issued their own LFO.

[Unregistered]

Thank you very much for your reply.

[Lawbird Lawyer]

You're welcome.