Information note on Regulation 10 (Wales)

For a printable copy see: Regulation-10-Walesv3-final-1.pdf (dwi.gov.uk).

Regulation 10 (Supplies to a single dwelling)

Regulation 10 applies to private water supplies used for domestic purposes that serve exclusively single dwellings, where:

  • The single dwelling is NOT rented out as part of a tenancy agreement, or as holiday accommodation (see regulation 11).
  • The water is not used as part of a commercial or public activity (see regulation 9).

Regulation 10 supplies include:

  • Supplies to single dwellings that are provided as part of a job, where the occupants of the property have special rights of occupation and maintenance that are akin to ownership, such as tied cottage, lifetime tenancy/occupation rights (for example, servant housing).
  • Agricultural tenancies where the provision of a single dwelling for accommodation is not the primary purpose of the tenancy, but residence at the single dwelling is generally long term with maintenance obligations akin to ownership.
  • Single dwelling used as foster homes – in these cases financial compensation is provided rather than payment (provision of a home rather than a service). Water supplied for domestic purposes to the single dwelling does not form part of a commercial activity because fostering is primarily the provision of a home.

Supplies to single dwellings where child minding takes place takes place

Supplies to single dwellings where a child-minding business operates usually are classified as regulation 9 supplies, as the water is being used as part of a commercial/public activity. Where child minding is offered for free, or as a family arrangement), regulation 10 does apply.

Monitoring and risk assessment

Regulation 10 supplies do not require a local authority to carry out regular monitoring and/or risk assessment at frequencies defined in the regulations, but a local authority may monitor in accordance with regulation 11(1) if it wishes to do so. However, sampling and analysis, and/or risk assessment must be carried out by the local authority (or a body deemed competent by the local authority) when it is requested to do so by the dwelling owner or occupier. Local authorities may charge the relevant person(s) a fee for these activities, but this must not exceed the regulatory maximum (regulation 23) in accordance with schedule 6 of the Private Water Supplies Regulations (Wales) 2017 to cover their costs.

PWS (Wales) Regulations 2017 v.3, February 2021

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