Sewer systems are a fundamental tool for any civilized human community, serving to protect public health and the environment by preventing the accumulation of wastewater in streets, homes, and rivers. However, the question of responsibility for this service sometimes arises. In most European countries, municipalities or local governments are responsible for constructing, managing, and maintaining these infrastructures. Other possible options include private companies or public concessions hired by municipalities. Depending on whether one lives in the city or the countryside, the responsible party may differ, with municipalities overseeing urban areas and local communities or property owners managing rural areas.
Sewer maintenance involves cleaning, removing sediments and obstructions, inspecting pipes, maintaining pumps, repairing breaks or faults, etc. All of this is essential to ensure proper sewer function and prevent future flooding. Typically, municipalities or local governments manage these tasks, or in other cases, specialized companies hired by the administration, especially in large cities where the municipality may lack the resources to cover it independently.
The responsibility for maintaining and managing sewers depends on jurisdiction and regulatory frameworks, which should be verified based on the specific location. In many cases, responsibility is shared between property owners and the local government.
The government handles planning, construction, maintenance, and necessary repairs, while property owners must maintain their individual connections and ensure the absence of blockages or damages in the sewer network. However, the specific jurisdiction needs to be considered to determine the ultimate responsible party definitively.
Additionally, it’s not always the municipality’s obligation. In some areas, connections to the sewer system are managed by entities like compensation boards (juntas de compensación), which were responsible for the development of the land at the time. In such cases, any issues would be the responsibility of the compensation board, not the municipality.
Therefore, it’s crucial to investigate how the specific area was urbanized to determine responsibility. For example, lands with golf courses (Golf Resorts) are often not urbanized by a municipality but likely by a private entity or compensation board, and any claims should be directed to them.
Connection wells
Then there is the issue of connection wells. If the well is within 100m of your property, you pay for the connection (which is usually not cheap). In some jurisdictions, if the nearest sewer connection well is beyond 100 or 200m, you may be allowed to opt-out and substitute the obligation to connect to the sewer with the possibility of installing a septic tank or a sealed tank if the jurisdiction doesn’t allow a septic tank. The owner covers the cost without any compensation. For any specific information about this see article “Having a septic tank in Spain” on the website of Lex Foris.
What do Spanish courts say?
The High Court of Justice of Castilla-León, in its Administrative Litigation Chamber (Judgment No. 289/2012, dated February 22, 2012 – APPEAL 0000785/2011), established that Municipalities are obligated to provide public services such as sewerage, public lighting, and paving for plots as demanded by residents.
In this judgment, the municipality’s inactivity was challenged regarding the request to provide public services like sewerage, public lighting, and paving for the street where the plaintiff’s property is located.
The final decision of the Court was to uphold the appeal, stating: “Local entities are obligated to provide certain municipal public services demanded by residents. In the examined case, the municipality’s argument that the appellant, as the promoter of the specific amendment to the general urban planning of the municipality to reclassify a rustic plot into consolidated urban land, is the one responsible, according to the applicable urban planning regulations and the granted license for building a dwelling, to complete the urbanization of the plot and bear the necessary expenses to establish urban services, including the obligation to channel rainwater and wastewater to the sanitation network imposed in the license as a condition of its effectiveness and as an implicit determination of prior completion of paving and sewerage services, is not tenable. The reason is that in none of the administrative acts of the municipality, at the request of the petitioner, has the obligation for her to urbanize the plot been explicitly or implicitly included, nor has there been an attempt to carry it out through forced execution. “
Who pays the sewer tax?
Property owners of buildings connected to the sewer system are responsible for the sewer tax. The rationale behind this is that since property owners benefit from the sewer service and its maintenance for proper functioning, they should bear the cost. However, in some rental agreements, it may be agreed that the tenant or lessee of the dwelling covers the tax.
It’s important to note, as usual, that local regulations and legislation have the final say. Depending on the area and jurisdiction, responsibility may fall on a different party. In case of doubt, contacting the relevant public services or municipal authorities for information is advisable.
If you have more questions about your specific case and you would like us to assist you, please do not hesitate to contact Lex Foris International Law.
Rafael Montes Velástegui