Do you know what your obligations are?

If you are in the process of purchasing a property that is not connected to a mains sewer but is instead served by a septic tank, there have been some recent changes to the law that you need to be aware of.

Currently, where a property is served by a septic tank the tank will need to comply with a number of general binding rules which were introduced in 2015.  A summary of these can be found here, but generally these include a requirement that the sewage must be domestic in nature and not cause pollution.  Where a septic tank does not comply with the general binding rules it is necessary to obtain a permit from the Environment Agency.

However, the position is set to change for particular types of septic tanks which drain to a water course that you should be aware of.

Where a septic tank drains to a water source (such as a river or stream) there will be a requirement for the tank to be upgraded or replaced:

  1. By no later than 1st January 2020 for existing owners (or earlier if the Environment Agency finds evidence that the tank is causing pollution to a water source), or;
  2. On a sale of the property which occurs before 2020.  Responsibility for the replacement or upgrade of the existing treatment system should be addressed between the buyer and seller as a condition of sale.

This will be the case for all septic tanks that drain to surface water, even those that have an existing exemption from the Environment Agency.

The reason for the change is because the water that flows from a septic tank is not considered clean enough to flow into a water source without causing pollution.

What options do you have as a homeowner?

  1. Consider whether it would be possible to connect to mains drainage. This is likely to depend on the distance of the nearest public sewer from your property, however, where your home is located within 30.48 metres (100 feet) of a public sewer, Local Authorities already have the ability to require it to be connected to that public sewer.
  2. Replace your septic tank with a sewage treatment plant. As the name suggests, the contents that enter a sewage treatment plant are mechanically treated so that the water flowing from it is considered clean enough to flow into a local water source. This form of discharge will still be permitted following the rule change in 2020.
  3. Install a soak-away system in the grounds of your property – this will allow the water from your septic tank to flow safely into the ground rather than into a water source.

If you are in the process of selling your property you should inform your buyer in writing that a sewage discharge is in place and include the following information:

  1. A description of the treatment plant and drainage system
  2. The location of the main parts of the treatment plant, drainage system and discharge point
  3. Details of any changes made to the treatment plant and drainage system
  4. Details of how the treatment plant should be maintained, and the maintenance manual if you have one
  5. Maintenance records if you have them

You can apply to the Environment Agency for a permit to discharge (existing or new) to a water source, however, a permit will only be granted in exceptional circumstances. You should contact the Environment Agency to discuss this if required.

If you own a property that drains to a septic tank located on a neighbouring property, the tank will still need to be replaced when your property is sold even though it is not located in the boundaries of your property. You should discuss this with your neighbour as they may not be aware of the requirements and may be reluctant to incur costs.

Any new septic tank installation may also fall under the requirement to obtain planning permission and Building Regulations Approval.

You can find a lot more information on conveyancing matters on our website here.