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Yeah, you definitely won't have a buildover agreement, because the owner would be agreeing with themselves (and would also be liable for the repairs). The lack of a buildover agreement is why our purchase fell through recently (much more recent extension) and it was a lack of awareness about the problem that made us bin it.
You actually want the foundation to extend below the drain as that means the load is transferred to the underlying substrate. A shallow foundation would transfer load onto the top of the drain which can then displace/crack and the extra water/sewage could cause subsidence issues (hence why it was covered under building regs).
there most likely won't be one if that old - the foundations aren't that deep generally from speaking to a builder friend