Private Water Supply Rules for Boreholes

If water from a borehole, well or spring is used for drinking, cooking, food preparation or other domestic purposes, it will normally be classed as a private water supply.

In England, its safety is regulated by the local authority under the Private Water Supplies (England) Regulations 2016, as amended in 2018.

The rules apply to the complete water supply, not just the hole in the ground. That can include the borehole, pump, pipework, treatment equipment, storage tanks and fittings, from the point where the water is abstracted through to the point where it is used.

A borehole used only for irrigation, crop watering, livestock watering or other non-domestic purposes is not regulated in the same way under the private water supply rules, although separate requirements, including abstraction licensing, may still apply.

This guide explains what the private water supply regulations mean for borehole owners in England, including when a risk assessment is required, whether borehole water must be tested, who is responsible and where the pump fits into the system.

This article covers the position in England. Wales, Scotland and Northern Ireland have separate regulations, and the requirements for an individual supply should always be confirmed with the relevant local authority.

Private water supply rules at a glance

Type of borehole supply	Typical regulatory position in England
One owner-occupied home, used only for domestic purposes	A statutory risk assessment and routine monitoring are not normally automatic, although the owner or occupier can request them and the council can investigate where it has health concerns.
A borehole supplying two or more homes	The council will normally risk-assess the supply and undertake monitoring. Risk assessments are generally reviewed at least every five years.
A rented home, holiday let, B&B, campsite or other commercial use	The supply will usually be treated as part of a commercial activity and will normally require a risk assessment and regular monitoring. The exact classification depends on the arrangements.
A business, workplace, food producer or public building	Risk assessment and monitoring requirements apply, with the extent and frequency determined by the supply, its use, its volume and the risks identified.
A new borehole drinking water supply	The supply should not be brought into use until the local authority is satisfied that it does not present a potential danger to human health.

Requirements depend on the circumstances of the individual supply. Confirm the position with your local authority’s environmental health or private water supplies team.

What is a private water supply?

A private water supply is water supplied from somewhere other than directly by a water company or licensed water supplier. Common sources include:

boreholes;
private wells;
natural springs;
watercourses;
private distribution networks; and
some tanker, bottled or container-based supplies.

A borehole is not automatically covered by the private drinking water rules simply because it exists. A borehole used only to water crops or irrigate a garden is different from one supplying a kitchen tap, shower, rental property or food business.

The regulations apply where the water is intended for human consumption. This includes drinking, cooking, food preparation and other domestic uses. They can also apply where private water is used by a food-production business and its quality could affect the finished product.

What legislation applies to borehole drinking water?

Private drinking water supplies in England are principally regulated under the Private Water Supplies (England) Regulations 2016.

Those regulations were subsequently changed by the Private Water Supplies (England) (Amendment) Regulations 2018. The 2018 amendments strengthened the risk-based approach to monitoring, changed some sampling and analytical requirements and introduced more detailed requirements for risk assessments.

The Drinking Water Inspectorate maintains a useful list of the legislation governing private water supplies, including the regulations applying in England and Wales.

The wider powers and responsibilities of local authorities arise from the Water Industry Act 1991.

Who regulates a private borehole water supply?

Your local authority is the regulator. In practice, private water supplies are usually dealt with by the council’s environmental health or private water supplies team.

The Drinking Water Inspectorate provides guidance, technical information and oversight, but the local authority is responsible for regulating individual supplies in its area. Its role can include:

recording private water supplies;
carrying out risk assessments;
developing monitoring programmes;
taking and arranging the analysis of water samples;
investigating suspected water-quality problems;
providing advice to consumers; and
taking enforcement action where a supply presents a danger to health.

Do I have to register my borehole with the council?

There is not currently a general legal requirement for the owner of every private water supply to register it with the local authority. Registration is, however, strongly recommended by the Drinking Water Inspectorate.

A new private drinking water supply should not be brought into use until the council is satisfied that it does not constitute a potential danger to human health. Contacting the environmental health team before the system is commissioned can avoid delays or remedial work later.

Does a private borehole need a risk assessment?

Most shared, commercial and public private water supplies require a risk assessment by the local authority. The main exception within the private water supply regime is a supply serving only one dwelling and used exclusively for domestic purposes. A borehole used solely for irrigation is not a private drinking water supply and falls outside these particular regulations.

For supplies within the statutory risk-assessment regime, the council must normally review and update the assessment at least every five years, or sooner where it considers the existing assessment inadequate.

A private water supply risk assessment considers much more than a laboratory result. It can examine:

the borehole, well or spring itself;
the surrounding land and possible contamination sources;
the borehole headworks and protection from surface water;
the condition and depth of the source;
nearby septic tanks, drainage systems, farming or chemical storage;
the pump and rising main;
storage and pressure vessels;
filtration, ultraviolet treatment or disinfection;
the distribution pipework; and
the taps and other points where the water is used.

The purpose is to identify anything that could make the water unwholesome or potentially dangerous to health, and to establish how those risks should be controlled.

Does borehole water have to be tested?

Most shared, commercial and public borehole supplies are subject to statutory monitoring. The frequency and range of testing depend on the type of supply, the volume of water used and the findings of the risk assessment.

For a small private supply serving more than one dwelling, monitoring will generally be undertaken at least every five years and more frequently where the risk assessment shows that this is necessary.

Larger supplies and supplies used as part of a commercial or public activity are monitored under a more detailed programme. This includes Group A and Group B parameters, with sampling frequencies linked to the volume of water supplied and the risks identified.

Testing can include microbiological and chemical parameters such as:

E. coli;
enterococci;
coliform bacteria;
turbidity;
pH;
conductivity;
nitrate and nitrite;
lead, copper and nickel;
iron and manganese;
pesticides; and
other substances identified by the risk assessment.

The required testing is specific to the supply. A rural borehole near agricultural land may present different risks from a deep borehole serving a commercial building or a shared supply with old distribution pipework.

Can I arrange my own borehole water test?

Private testing can be a useful part of managing a supply, especially for a single home or between statutory council visits. It should use an appropriate accredited laboratory and a suitable sampling method.

A single clear sample does not prove that the water will remain safe indefinitely. Borehole water quality can change because of seasonal groundwater conditions, flooding, damage to the headworks, treatment failure or changes in nearby land use.

Testing is most useful when it sits alongside an understanding of the whole system and the contamination risks. A laboratory result is a snapshot. A risk assessment looks at why the result might change.

Who is legally responsible for a private water supply?

Responsibility does not necessarily sit with one borehole owner alone. The regulations use the term relevant person, which can include:

the owner of a property receiving the water;
the occupier of that property;
the owner or occupier of land containing part of the supply; and
another person exercising management or control over the supply.

For a shared supply, responsibility may therefore involve several landowners, property owners, occupiers or managing parties. Deeds, tenancy agreements, supply agreements and maintenance arrangements can all be relevant.

Where several properties share one borehole, it is sensible to have a clear written agreement covering:

ownership of the borehole and equipment;
access for inspection and maintenance;
electricity and operating costs;
water testing;
treatment replacement and servicing;
pump failure and emergency supply arrangements; and
how improvement costs will be divided.

Is a private water supply the same as an abstraction licence?

No. Private water supply rules and abstraction licensing deal with two different things.

The private water supply regulations concern the quality and safety of water intended for human consumption. They are enforced by the local authority.

An abstraction licence concerns the quantity of water being taken from the ground or another environmental source. In England, abstraction licensing is administered by the Environment Agency.

A borehole owner can therefore:

fall under the private water supply rules but not require an abstraction licence;
require an abstraction licence but not use the water for drinking;
need to comply with both regimes; or
fall within an exemption from one or both, depending on the circumstances.

For the quantity rules, read our guide to water abstraction licences for boreholes, wells and watercourses.

Where does the borehole pump fit into the regulations?

The borehole pump is an important part of the private supply, but the pump alone cannot make the water safe.

A correctly selected pump must provide the required flow and pressure without exceeding the sustainable output of the borehole. It should also be suitable for the borehole diameter, pumping depth, water level and intended duty.

When choosing a borehole pump, you will normally need to know:

the diameter of the borehole;
the total borehole depth;
the static water level;
the pumping or drawdown water level;
the height and distance to the point of use;
the required pressure;
the required flow rate; and
the available electrical supply.

Our guide to choosing a well or borehole pump explains how to turn those figures into a pump specification.

Where the original construction information has been lost, a record held by the British Geological Survey may provide useful details about the borehole depth, geology and water strikes. Our guide explains how to use BGS borehole records when choosing a borehole pump.

For examples matched to different duties, see our guide to the best borehole pumps, or browse the full well and borehole pump range.

Does a pump described as suitable for potable water make the supply compliant?

No. A manufacturer describing a pump as suitable for potable water generally relates to its construction and the materials intended to come into contact with the water.

It does not certify the borehole source, headworks, storage tanks, treatment, pipework or final water quality. Compliance and safety relate to the complete supply and the water delivered at the point of use.

The regulations also require products and substances used in preparing or distributing a private water supply not to make the water unwholesome or create a potential danger to health.

Practical checklist for a borehole owner

Confirm how the water is used. Drinking water, domestic use, rental and commercial use can bring different requirements.
Contact the local authority. Check whether the supply is already recorded and which regulatory category applies.
Understand the complete system. Record the borehole, pump, tanks, treatment, pipework and points of use.
Find the borehole information. Look for drilling records, pump details, water levels and previous test results.
Check whether a risk assessment is required. Shared and commercial supplies will usually require one.
Arrange appropriate testing. Use the council or a suitable accredited laboratory, depending on what is required.
Maintain treatment equipment. Filters and UV systems only work when correctly sized, maintained and monitored.
Choose the pump from evidence. Match the pump to the borehole diameter, water level, head and required flow.
Check abstraction requirements separately. Water quality regulation does not replace abstraction licensing.
Keep records. Retain test results, servicing information, pump data and details of any repairs or changes.

If a borehole supplies water for drinking or domestic use, the complete system is likely to be regulated as a private water supply. The local authority is responsible for regulatory oversight, while owners, occupiers and others controlling the supply may be responsible for its maintenance and any improvements required.

Shared, rented, commercial and public supplies will normally require risk assessment and monitoring. A single owner-occupied dwelling has a lighter regulatory position, but the water must still be managed safely.

The pump is one part of that system. Selecting it correctly means understanding the borehole diameter, water level, required head and flow, while water safety depends on the source, protection, treatment, distribution and ongoing testing.

For help selecting the pump itself, browse our well and borehole pumps or call our team on 0115 987 0358. For water-quality, testing and regulatory requirements, contact your local authority’s environmental health or private water supplies team.

Official sources and further reading

Disclaimer: This article provides general information about private water supplies in England and does not constitute legal, regulatory, water-quality or installation advice. Requirements differ between England, Wales, Scotland and Northern Ireland and may change over time. The requirements applying to an individual supply depend on its use, the properties and people it serves, and the assessment of the relevant local authority. Always check the current regulations and guidance, speak to your local authority’s environmental health team and obtain appropriate professional advice before relying on the information or carrying out work. Flood & Water Pumps supplies pumps and related equipment but does not provide water-quality testing or legal or regulatory advice.