Charges for private water supply testing

Calderdale Council carries out duties under the Private Water Supplies (England) Regulations 2016.

They include the risk assessment of water supplies, the taking of and the analysis of water samples and the investigation into the reasons why the results of some tests breach the regulatory standards.

What are the charges?

Initially charges can compose up to three elements:

• Risk assessments: These are carried out initially on all newly notified supplies (except for those serving a single dwelling). Risk assessment updates are carried out on all supplies except those serving a single dwelling at least once every five years, or for any supply upon request.
• Water sampling and analysis: In Calderdale this will be normally be carried out either twice-yearly, yearly or 5-yearly, or upon request depending on the size and use of the supply
• Investigations: The need to carry out investigations will relate to the nature and extent of any failure of water samples to satisfy the regulatory standards.

The extent of testing (and hence the total cost) reflects the size and use of each supply.

In some cases it will be necessary to undertake enforcement action to improve the quality of the water. Any costs incurred by the Council to bring this about are not included in the advice given here but will also be recovered.

All charges may be revised from time to time but will not exceed the maximum allowed by the Regulations. The Regulations set out the maximum charges that can be levied. In some cases the actual costs to Calderdale Council already exceed these maximum charges and so the costs we recharge are capped.

Charges for risk assessments

Water sampling and laboratory analysis charges

The following charges summarise the costs of visiting to take a sample and laboratory analysis. They also reflect the frequency and extent of the samples taken. These charges are in addition to risk assessment charges.

These supplies provide less than 10m3 (cubic metres) of water a day. Typically such supplies provide for a demand of less than 50 people. The number of people is based on bed spaces and partly occupied dwellings are assumed to be fully occupied in the calculation. No water from the supply can be used in a commercial activity or be supplied to public premises.

Large Domestic supplies provide at least 10m3 of water a day. Typically such supplies provide for a demand of 50 or more people. The number of people is based on bed-spaces and partly occupied dwellings are assumed to be fully occupied in the calculation.

'Commercial Activity' includes holiday home, fee paid child-minder, leisure facilities. Supplies of water to a tenanted property will be deemed a commercial activity where:

1. The landlord or owner of a property offers accommodation to paying tenants, where without a private water supply the property could not be so let.
2. (and) The tenant does not have full responsibility for the whole water supply, as agreed as part of the tenancy agreement. For example the tenant may not have rights of access over land to get water, or full rights to carry out repairs and improvements to control the quality of the water.
3. (and) There is a commercial element to the tenancy. This excludes social housing and not-for-profit arrangements and situations where the tenancy is not the primary commercial arrangement such as a tied cottage or long-term agricultural let.

The Government's current position is that certain dairy milking parlours are not treated as commercial premises.

Charges for further investigations

These charges are in addition to risk assessment charges and water sampling and analysis charges.

Who should pay the charges?

Any person requesting any service is liable for the cost. In these cases VAT will be added to the charge. Otherwise fees are payable by the 'relevant person', as defined in regulation 2 of the Private Water Supplies (England) Regulations 2016 and no VAT is charged. Relevant people are:

• The owners and occupiers of those premises.
• The owners and occupiers of land on which any part of the supply is situated.
• Any other person who exercises powers of management or control in relation to that supply.

If more than 1 person is liable to meet these costs the Council will consider any written agreement that is brought to its attention that sets out who may be responsible for paying the charges. Such documents might include a tenancy agreement or deed, or other written agreement eg that of a local 'Water Board'. The Council is not obliged to ask if such agreements exist and only if they are brought to the Council's attention will they be taken into account. Otherwise the Council will apportion all charges between relevant persons as it sees fit.

How are costs apportioned when supplies serve both dwellings and commercial premises?

Some Regulation 9 supplies to commercial/public premises will also supply a small number of dwellings and were there not a commercial or public use made of the water the supply would have been classified as a Regulation 10 supply (for example a 'small private supply'). In such cases the Council will not levy higher charges in respect of those dwellings where water is not used as part of a commercial or public activity than it would had the supply been classed as a Regulation 10 supply. This is because 'small private supplies' are subject to a less extensive sampling regime. The commercial or public user(s) will therefore be apportioned more of the total charge.

This concession may affect Regulation 9 supplies serving from 2 up to typically 12 - 13 dwellings, as long as the total number of bed-spaces does not exceed 50. [12 houses each with one double and two single bedrooms equates to 48 bed spaces]. At 50 bed spaces the supply would be classed as a 'large domestic supply'. Regulation 9 supplies that are large domestic supplies are not affected by this concession, being subject to the same regime as commercial/public-use supplies.

Regulation 9 supplies are sampled at least annually, while Regulation 10 supplies are usually sampled 5-yearly. Where the concession applies to residents on a Regulation 9 supply then charges will be apportioned as above in 'year 1', but only the commercial/public users of the water will be charged for the additional tests etc. required by Regulation 9 in each of 'years 2-5'.

Where a commercial/public-use supply of any size exists and both a commercial / public and domestic use is made of the water at a single property (eg a cafe where the proprietor lives on the premises) then the domestic use at that property is ignored.

The example below explains the difference in the apportionment of charges levied for:

• a new Regulation 10 small domestic surface spring water supply serving 7 dwellings;
• and a new Regulation 9 supply comprising 6 dwellings and a cafe, where the cafe owner lives above the shop.

(The example does not extend to costs of further investigations, which will be apportioned as the Council sees fit.)

In the above example the typical charge to each property on a new 7 dwelling supply is £75.00, comprising £57.14 risk assessment, £14.29 sampling visit charge and £3.57 water analysis charge. This is payable in year 1 of every 5 year period.

For a 'commercial supply' of 6 dwellings and 1 cafe, the cafe is charged £125.84 in Year 1 (comprising £57.14 risk assessment, £14.29 sampling visit charge and £54.41 water analysis charge) and an annual charge in each of Years 2 to 5 of £175.83 (£100.00 visit charge plus £75.83 water analysis). Each of the 6 dwellings on the supply is charged £75.00 in Year 1 only.

The above example is for illustrative purposes only. Actual charges will reflect the extent of the sampling regime necessary. Prices may be revised at any time, subject to limits placed by the Regulations.

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