As of 1 January 2014 Irish Water had assumed responsibility for water and waste water infrastructure (“Water Infrastructure”) which were previously vested in local authorities. Irish Water is not responsible for surface water pipes or water attenuation systems which remain with the local authority.

Irish Water has confirmed to the Conveyancing Committee that solicitors acting for purchasers of second hand dwellings may continue to rely on a letter previously issued by a local authority confirming that roads and services are in charge, as evidence that the applicable water infrastructure is now vested in Irish Water.

In addition Irish Water has confirmed that where a local authority issues a letter confirming that the roads immediately abutting the property are in charge, Irish Water accepts responsibility for the Water infrastructure servicing the property, even where the letter states that the local authority is no longer responsible for the Water Infrastructure.

This confirmation is applicable only for property that:

1. Is not part of a privately managed estate,
2. Is not serviced by a private well or a group water scheme,
3. Is not serviced by a septic tank, group waste water scheme and/or private waste water treatment facility.

In relation to a privately managed estate the letter from the local authority can only confirm that roads, and/or services, are in charge up to the boundary of the estate in which the property is situate. Such a letter will be accepted by Irish Water as confirmation that the Water Infrastructure serving the estate is the responsibility of Irish Water.

Irish Water does not accept that registration with Irish Water, or a demand or receipt for payment of water charges, can be relied upon as evidence that Irish Water have assumed responsibility for Water Infrastructure on the basis that there are a large number of properties that connect to private Water Infrastructure located in third party private land.

Irish Water is putting in place administrative procedures to enable the issue of letters confirming whether Water Infrastructure is in charge of Irish Water in cases which do not fall within the terms of this practice note. A further practice note will issue in relation to those procedures as soon as they are in place.