WEBINAR BRIEFING NOTE: CON29DW Commercial – Everything you need to know

To celebrate its 10th anniversary, the Drainage and Water Searches Network (DWSN) has developed a series of webinars delving into the questions contained within a CON29DW search. Our second webinar, held on 27th June 2024, CON29DW Commercial: Everything you need to know, explored the complexities of the CON29DW Commercial. The recording from the webinar is now available on the DWSN YouTube Channel which you can also access at www.con29dw.co.uk. The session gives you insights into the key questions, unique to the CON29DW Commercial, as well as how to identify if the address is commercial and what information is needed to ensure a speedy return. We have captured the key points  from the session here:

• Additional questions
  The CON29DW Commercial includes the same questions as the CON29DW Residential but it provides some additional questions which can be helpful, particularly if the purchaser is looking to develop the site or land.
  • Trade Effluent – under the Water Industry Act 1991, any wastewater produced on trade premises (and in pursuit of a trade or business) is defined as ‘trade effluent’. Trade effluent is any liquid waste that is discharged into the public foul sewers from a business or an industrial process. It’s worth knowing that a trade effluent consent is attached to the business and not the premise. So, if a consent has previously been granted at the property it is a useful indicator if your client believes they will need a consent to discharge.
  • Manhole data – if you’re planning on developing land or an existing site, manhole data provides valuable insights. It can help your client’s understanding of the exact route and nature of the existing drainage arrangements at the location. Check with your CON29DW provider to see if that information is available. Please note that not every manhole has been mapped and a CON29DW provider can only share the data they have currently available.
  • Wayleave and Easements – both wayleaves and easements relate to access to pipes, poles, equipment and cables laid or installed on private land, usually by utility companies. Ahead of any purchase it is helpful to know if any pipe running through the land has an easement and/or wayleave associated with it.
    • A wayleave is a licence that is linked to the owners/occupiers of property and land, rather than the land itself. Wayleaves do not normally appear on Land Registry titles. Wayleaves are usually annual agreements that can be renewed or terminated by either party. They give the right for utility companies to lay cables and pipes in or over the land in question, normally with an annual payment to the property owner.
    • Easements directly affect land and are often created by a deed and are therefore generally registered on the title to the property at the Land Registry. An easement is an agreement that allows permanent rights for the equipment, service or right of way for example. Easements differ in that they are applied to the land and not the owner. Generally, they are more permanent and are agreed as such. Again, a payment is normally agreed, especially when land cannot be used for farming, grazing etc due to the asset.

• Speedy returns
  Providing as much information upfront when requesting a CON29DW Commercial search can avoid delays returning the search.
  • When deciding on the right drainage and water search product, a “commercial property” means land or buildings used, or proposed to be used, for commercial activities and includes offices, retail units, working farms, warehousing, development sites and commercial buildings used or intended to be used as dwellings. If there is residential usage in a commercial property such as an Airbnb or a guest house and it is registered for commercial billing, then the correct search is a CON29DW Commercial.
  • Providing the correct billing address is essential to ensure the correct connection details are provided for the property. With commercial properties, a current occupier or company name can also help locate an address and ensure the right building/ account is searched.
  • Additional connections – each member will provide additional connections slightly differently depending on their data set. Some will include a set number of connections with the search, some will include every connection located within the search boundary and some providers will only include additional connections on request. You will need to check on the product / products available from your CON29DW provider and check for any associated charges. If your client is interested in specific connections, do specify up-front the connection details that you need in order to avoid any delays.
  • Land@ in the address may include buildings within the boundary submitted, so delays can be caused if the CON29DW provider is unsure if connections are wanted or not. The provider will either check and confirm which connections are required or will provide all within the boundary, so check with the specific provider for your client.
• Common queries
  • The most common query on commercial searches relates to billing and connections, often linked in with address queries. This is why knowing the billing address can be key to finding the correct connection address. Your local CON29DW provider may ask for a copy of the bill to locate the meter serial number or the SPID (Supply Point Identifier). Both of these can be found on the bill and may help to identify the correct property.
  • Commercial properties can be complex as you may have more than one connection at the address. So it is vital that all connections can be correctly identified, and this is where the meter number and SPID can be very helpful.
  • A common query is getting a copy of the easement or wayleave. Check with your CON29DW provider as in most instances you will be directed to the company’s legal department for a copy and there may be a charge associated for this service if the information is available.

• Water retail competition
  • Ofwat opened the business retail market in 2017 for water and wastewater services. There are around 1.2 million businesses in England that are eligible to choose their retailer. There are around 20 different retailers for business customers to choose from. The retailer is responsible for all elements of billing and customer service.
  • What does this mean for the CON29DW Commercial? The main impact is on Q4.2 Who bills the property for sewerage services? and Q4.3 Who bills the property for water services? Due to the change in the marketplace described above, the CON29DW provider is unable to provide the retailer’s name. But the informative will provide information about how your client can identify their preferred retailer and secure the best deal possible for their business.
  • As a result of the opening of the retail market, there are some differences in the level of follow-up support available for CON29DW Commercial searches compared to a CON29DW Residential search. The retailer is responsible for taking ownership of certain issues, particularly relating to billing/tariff charges including change of usage of a property. This means providers of the CON29DW Commercial are not able to resolve some issues. For example, if a site visit is required to prove connection, that request must come via the water retailer, but the CON29DW Commercial search can then be amended based on the findings.

Support available
For more information on CON29DW searches and DWSN, head to www.con29dw.co.uk. Here you can access the postcode look-up tool to help find the CON29DW provider for your client’s address and the contact details for your local DWSN member. If you have any detailed queries about a particular water or drainage issue – do contact your local provider, they have specialist expert teams who will be able to help you.

There are also more videos on the DWSN YouTube Channel. They provide an in-depth look at individual questions within a CON29DW search and are great for induction packs and team update.