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The Lack of Enforcement Period for Build Over Agreements: A Growing Concern for Property Owners

Build Over Agreements (BOAs) are an essential part of the planning and building process for any property owner or developer. These agreements are in place to ensure that any building work carried out near to or over a public sewer or drain does not cause any damage or obstruction to the vital infrastructure.

However, the enforcement period for these agreements has become a matter of concern for many property owners. While BOAs are typically valid for between 10-15 years, there is often little or no follow-up from the relevant authorities to ensure that the terms of the agreement are being upheld.

This lack of enforcement can lead to a range of issues. For example, if a property owner breaches the terms of the BOA and causes damage to the sewer or drain, they may not be held accountable due to the expired enforcement period. This can leave the local authorities with the responsibility of repairing any damage caused, which can be a significant cost for taxpayers.

Furthermore, the lack of enforcement can create an environment where property owners or developers may intentionally ignore the terms of the BOA in pursuit of short-term financial gain. This can have a ripple effect on the wider community, leading to increased pressure on the sewer and drainage systems, as well as potential health and safety hazards.

To address this issue, there is a need for increased oversight and enforcement of BOAs. Local authorities should be more proactive in inspecting properties to ensure that the terms of the agreement are being upheld. This could involve regular inspections or the use of technology such as CCTV to monitor any potential breaches.

In addition, there should be consequences for property owners who violate BOAs. This could include fines or legal action to ensure that they are held accountable for any damage caused.

Ultimately, the lack of enforcement of BOAs is a growing concern for property owners and the wider community. By increasing oversight and enforcement, we can ensure that our vital sewer and drainage infrastructure remains intact, and that property owners are held accountable for any damage caused.