How to appeal if Scottish Water refuses to connect you

If Scottish Water has refused your request to be connected to the public water and sewerage systems, you can appeal using a standard environmental appeal procedure.

An environmental appeal is made to the Planning and Environmental Appeals Division (DPEA).

There is more information about environmental appeals and the process on mygov.scot.

Appeal process

There are four steps in the appeal process:

1. Formal appeal letter

2. Formal reply

3. Further investigation

4. Hearing.

Step 1: Formal appeal letter

To start the appeal process you will need to send a formal appeal letter to the Planning and Environmental Appeals Division (DPEA).

You must have evidence for thinking that Scottish Water's decision not to connect you is unreasonable, for example because an adjacent property was connected to the supply. 

If your property is new, there might be survey reports and other letters or emails between architect surveyors that provide evidence for your appeal.

You might be able to get help from your local council’s environmental health department as it might be prepared to support your case to be part of the public supply.

By writing a formal appeal letter, you're preparing a formal document. You might find it helpful to read the  fact sheet on what to put in a letter 255 KB .

Where to send your formal appeal letter

You should send or deliver your appeal to:

Step 2: Formal reply

You'll receive a formal reply from the Planning and Environmental Appeals Division (DPEA) on behalf of Scottish Water. 

You might decide to accept the explanation, but you don’t have to at this stage.

If you want to comment on the DPEA's response you can, and you can ask for the situation to be investigated further.

Remember to note your reference number for your appeal.

Step 3: Further investigation

If you ask for further investigation to be carried out, this will be done by a reporter.

A reporter is a member of DPEA who can go to the site of the dispute and ask for more information from everyone involved.

The reporter can usually make a decision at this stage. 

If your case is complicated, the reporter can ask for an appeal hearing to be held. If there's no hearing, the reporter will write to you with the decision.

Step 4: Hearing

You might be asked to go to a hearing about your appeal. This is because the reporter probably wants to ask you more questions. 

You should have copies of all your original paperwork and you may want your architect or surveyor to accompany you too. 

A decision made at an appeal hearing is usually final.

How to challenge a reporter's decision

You can only appeal against a decision on a point of law to the Court of Session. You should consult a solicitor.

There is more information about challenging a reporter’s decision on the Scottish government website.

How much does an appeal cost

There is no cost for sending an appeal, but you will have to cover any of your own expenses. For example, the cost of your architect’s time if they are involved.

If the reporter thinks that your appeal is unreasonable, you might be expected to pay other costs too.

How long does an appeal take

There are time limits for each stage of the process. The Planning and Environmental Appeals Division (DPEA) will tell you what these are.