Rules, Permissions & Agreements Needed from Irish Water for Construction Near Public Infrastructure

Introduction

Any construction that touches, crosses, or sits close to Irish Water’s public water‑supply or wastewater networks must follow a clear set of rules. Irish Water (Uisce Éireann) owns all public water and wastewater infrastructure since 1 January 2014 and, under a range of legislation, must be consulted and given consent before works can proceed.

For developers, estate agents, and anyone involved in the Irish property market, understanding these requirements avoids costly delays, legal disputes, and unexpected charges. This article outlines the key permissions, agreements, and practical steps you need to secure when your project interacts with Irish Water assets.

1. Legal framework that governs works near Irish Water assets

Legislation What it covers Who issues the consent
Water Services Acts 2007‑2022 (including the 1999 Irish Water Act) Ownership of all public water & wastewater assets; cost recovery for works; standards for private‑side works. Irish Water (Uisce Éireann)
Arterial Drainage Act 1945 – Section 50 Works that alter bridges, culverts, weirs or any watercourse infrastructure that could affect flood risk. Office of Public Works (OPW) – Commissioners of Public Works
Planning and Development Act 2000 (as amended) Planning permission for any development that affects land, including works that cross public roads or watercourses. Local Authority (County/City Council)
Environmental Protection Agency (EPA) – Water Protection Requires Environmental Impact Assessment (EIA) if works may significantly affect water quality. EPA (via the Planning Authority)
Building Regulations 1997‑2022 (Part L, Part F, Part G) Design, materials, and safety of water‑service installations. Building Control Authority (local)
Health & Safety Authority (HSA) – Construction (Design & Management) Regulations Safe execution of diversion or build‑over works. HSA (enforced by the Construction Supervisor)

Key takeaway: You will usually need two separate consents – one from Irish Water for the utility works, and one from OPW (Section 50) if the works affect a watercourse or flood‑risk structure.

2. Early engagement – why it matters

  1. Asset identification – Before any design work, request an Ordnance Survey map from Irish Water (email datarequests@water.ie) that shows all public water and wastewater assets in the proposed area.
  2. Site investigation – Confirm the location of assets on the ground (manholes, valve chambers, wayleave markers, etc.).
  3. Pre‑application meeting – Irish Water offers a free early‑engagement service. Submit a brief outline of the scheme (location, type of works, proposed diversion or build‑over) to discuss feasibility and likely requirements.

Early contact can uncover hidden assets, avoid design re‑work, and give you an indication of the likely costs and timeline for the diversion/build‑over agreement.

3. The Irish Water Diversion / Build‑Over Process

3.1 When is a Diversion or Build‑Over required?

Situation Typical action
Asset lies directly under the proposed building footprint Build‑over – construct a reinforced concrete slab or “bridge” over the pipe, with protective cover.
Asset interferes with road alignment, driveway, or access Diversion – relocate the pipe to a new alignment, often underground.
Proposed works require temporary removal of an asset Temporary diversion – install a temporary service line for the duration of construction.

3.2 Application steps

  1. Complete the “Diversion/Build‑Over Application Form” – available on the Irish Water website under Developer Services → Diversion and Build‑Over Enquiry.
  2. Attach supporting documents:
    • Site plan (scale 1:500) showing existing assets and proposed works.
    • Design drawings (structural details for build‑over, hydraulic calculations for diversion).
    • Method statement and risk assessment (HSA‑compliant).
    • Proof of Experience‑Based Accreditation (if you intend to self‑lay).
  3. Submit to Irish Water (email datarequests@water.ie or via the online portal). No fee is charged for the early‑engagement stage.
  4. Irish Water review – typically 4‑6 weeks. They may request additional information, a revised design, or a meeting with the design team.
  5. Issue of Diversion/Build‑Over Agreement – once approved, the agreement sets out:
    • Scope of works, specifications (Standard Details & Codes of Practice).
    • Cost recovery (diversion works, supervision, bond/surety).
    • Time‑frame for completion and hand‑over.

Bond/Surety: Irish Water often requires a refundable bond (usually 10‑15 % of the estimated works cost) to guarantee proper completion and reinstatement.

3.3 Cost recovery

  • Works cost – actual cost of excavation, pipe replacement, reinstatement, and supervision.
  • Supervision fee – Irish Water appoints a Supervision Engineer to inspect works; fees are charged per day of supervision.
  • Bond/Surety – held until final acceptance; released after the Final Acceptance Certificate is issued.

4. Section 50 (OPW) Consent – when it applies

A Section 50 consent is required when any of the following is true:

  • The works involve a bridge, culvert, weir, or other water‑course structure that could affect downstream/upstream flood risk.
  • The diversion or build‑over crosses a public road where the water‑course lies beneath the road.

4.1 Application process

  1. Submit a Section 50 Application to OPW (via the Online Planning Service on the Gov.ie portal).
  2. Provide a Hydraulic Impact Assessment – modelling of flood risk before and after works.
  3. Attach Structural Design Details for any bridge/culvert, including Design Flood Level calculations.
  4. Public consultation may be required if the works affect a catchment area.

OPW usually returns a decision within 8‑12 weeks, though complex cases can take longer.

4.2 Interaction with Irish Water consent

  • Parallel processing is allowed, but the OPW will often request the Irish Water diversion agreement as part of its assessment.
  • Ensure the design of the diversion/build‑over satisfies both Irish Water’s technical standards and OPW’s flood‑risk criteria.

5. Planning permission – the local authority’s role

Even after Irish Water and OPW consents are secured, a Planning Permission from the relevant County or City Council is still required.

  • Planning Submission must include the approved Irish Water and Section 50 documents as Supporting Information.
  • The Development Plan may contain specific policies on water‑service infrastructure (e.g., “Water Supply Capacity” sections).
  • Environmental Impact Assessment (EIA) – required if the project exceeds the thresholds set out in the EPA’s EIA Regulations (normally for large‑scale developments or where water quality could be affected).

Tip: Attach a Planning Officer’s Pre‑Planning Advice (if obtained) to demonstrate early alignment with local policies.

6. Technical standards you must follow

Standard What it covers Where to find it
Standard Details (SD) & Codes of Practice (CoP) – Water & Wastewater Pipe diameters, trench depths, bedding, back‑fill, jointing, and protection for private‑side works. Irish Water website – Developer Services → Technical Guidance (PDFs).
Irish Water Guide to Connect (2024‑10 edition) Full step‑by‑step process for new housing developments, including capacity registers and connection fees. Download from Irish Water (link on the Developer Services page).
Experience‑Based Accreditation Scheme Requirements for contractors to self‑lay water services in public roads. Irish Water – Self Lay in the Public Road page.
Building Regulations – Part L (Conservation of Fuel & Energy) Insulation of water‑service installations where relevant. Building Control Authority.
Health & Safety – CDM Regulations Risk assessments, method statements, and construction supervision for all works. HSA website.

7. Practical checklist for developers

Stage Action Documents / Evidence
Pre‑design Request OS map of Irish Water assets. Email to datarequests@water.ie.
Perform site walk‑over to locate markers. Photographs, GPS coordinates.
Early engagement Submit a brief outline to Irish Water (no fee). Sketch plan, description of works.
Design Prepare diversion/build‑over design per SD/CoP. Structural calculations, hydraulic modelling.
Obtain Experience‑Based Accreditation (if self‑lay). Accreditation certificate.
Application to Irish Water Complete Diversion/Build‑Over form + supporting docs. Application form, design drawings, method statement, risk assessment, bond details.
OPW Section 50 (if required) Submit Section 50 application with hydraulic impact study. Section 50 form, flood risk model, design details.
Planning Submit planning application including Irish Water & OPW consents. Planning application form, Irish Water agreement, Section 50 consent, EIA (if needed).
Construction Appoint a Supervision Engineer (Irish Water). Supervision contract.
Install temporary diversion (if needed). Temporary works permit.
Completion Obtain Final Acceptance Certificate from Irish Water. Certificate, as‑built drawings, bond release.
Close Section 50 consent (OPW). Completion notice.
Submit completion statement to Planning Authority. Completion certificate.

8. Common pitfalls & how to avoid them

Pitfall Consequence Mitigation
Assuming assets are underground and not confirming on‑site. Unexpected utility clash, costly re‑excavation. Conduct a site investigation and record all visible markers before design.
Submitting Irish Water application after planning permission. Delays – planning authority may reject the application for missing supporting documents. Parallel processing – submit Irish Water and OPW applications while planning permission is being drafted.
Failing to provide a bond. Irish Water may refuse to issue the agreement. Budget for a refundable bond (10‑15 % of estimated works cost).
Design not meeting Standard Details. Irish Water supervision engineer may require redesign, extending the schedule. Follow the latest Standard Details & CoP; engage an Irish Water‑approved designer if unsure.
Ignoring flood‑risk implications. Section 50 consent denied; possible legal challenges. Perform a hydraulic impact assessment early; involve a qualified hydraulic engineer.
Not securing Experience‑Based Accreditation when self‑laying. Irish Water will not allow self‑lay works; you’ll need a contractor. Obtain accreditation before tendering works.

9. Costs you should budget for

Cost item Typical range (2024‑25)
Diversion/Build‑Over works €15 000 – €120 000 (depends on length, pipe size, depth, road crossing).
Supervision fee (Irish Water) €1 500 – €5 000 per day of supervision (average 5‑10 days).
Bond / Surety 10‑15 % of works cost (held for 6‑12 months).
Section 50 consent Application fee €250; potential additional hydraulic modelling costs (€5 000‑€20 000).
Planning application Standard fee €2 000‑€5 000 (varies by authority).
EIA (if required) €30 000 – €150 000 (size & complexity).
Contractor’s insurance & CDM compliance €5 000 – €15 000.

These figures are indicative; always obtain a detailed quotation from the contractor and Irish Water.

10. Summary for estate agents & property professionals

  • Identify any Irish Water assets early – request OS maps and conduct site checks.
  • Engage Irish Water before finalising designs; use the free early‑engagement service.
  • Submit a complete Diversion/Build‑Over application with all technical drawings and risk assessments.
  • Secure a Section 50 consent from OPW if the works affect a watercourse or flood‑risk structure.
  • Obtain planning permission that includes the Irish Water and OPW consents as supporting documents.
  • Budget for works, supervision, bond, and possible Section 50 fees; anticipate a timeline of 12‑20 weeks from first contact to final acceptance.
  • Maintain proper documentation (as‑built drawings, certificates, bond releases) for smooth hand‑over to the client or buyer.

By following this roadmap, developers can avoid costly surprises, ensure compliance with all statutory bodies, and deliver projects on time and within budget.

Useful links

Feel free to reach out to Irish Water’s Developer Services team for any clarification – early dialogue is the key to a smooth project.