Registration of private water supplies
It is not currently a legal requirement for any private water supply, whether planned, newly installed or already in existence, to be registered with local authorities, who are the regulator for private water supplies. However, registration is strongly advised by the Inspectorate to achieve public health protection by those qualified and empowered to do so. Registration of a private water supply would normally be made by anyone that constitutes a relevant person. However, the local authority can be made aware of a supply by anyone.
If a consumer of a private water supply is unsure as to whether the supply is known to their local authority or not, they are advised to check by contacting the local authority’s environmental health team. Registering a supply or checking whether one is known to the local authority, will ensure that the necessary regulatory public health protection measures can be fulfilled when the supply was previously unregistered.
Some supplies may not be known to the local authority, but have private testing, and other routine inspections and risk assessments carried out on the supply using contracted water service providers (notably for supplies used for public or commercial purposes). However, this does not exempt them from being subject to legislation and complying with regulatory requirements. It is therefore still necessary for the local authority to carry out its own regulatory functions which may include testing and risk assessment. This will include checking the suitability of any in-house or contracted testing, servicing and maintenance, as part of its regulatory risk assessments where they are required. It is worth noting that the sampling and testing of private supplies by the local authority is carried out using a nationally accredited system, which may not always be the case where it is carried out by private contractors.
Once aware of any supply previously unknown to it, the local authority has powers under the Water Industry Act 1991 to gain entry to any site, or for gathering information should it experience any resistance to it carrying out its duties under this legislation.
When a local authority becomes aware of any new supply in its area, either by registration, or any other means, the supply must not be brought into use or used until the local authority is satisfied that the supply does not constitute a potential danger to human health. Please see guidance on regulation 13 (15 in Wales).
The need for legislation to require private water supplies to be registered with the local authority going forwards has been recognised internationally.