Many British homes in rural areas that cannot connect to public sewers have septic tanks which help dispose of wastewater. However, in January 2020, new legislation came in that changed the law around septic tanks, catching many property buyers and sellers out and disrupting property transactions.
Learn about the current rules around properties with septic tanks and find out how to manoeuvre a sale or purchase of a house that has a septic tank with this guidance from our conveyancing team:
Regulations about homes with septic tanks
Septic tanks are private drainage systems in homes that dispose of wastewater from kitchens and bathrooms. The law which outlines the drainage requirements changed as of 1 January 2020, making it illegal for private residences with septic tanks in England to discharge wastewater directly into a watercourse such as a stream, canal, pond, ditch, or river.
Selling a home with a septic tank
Homeowners with septic tanks in England are responsible for upgrading their septic systems to adhere to current legislation, or could face fines under the General Binding Rules, as set by the Environment Agency (EA). Not following the new rules could also detract potential buyers or even cause your house sale to fall through.
There are two options that you can take to become compliant:
- replace the septic tank with a sewage treatment plant, or
- divert the discharge into a drainage field that is designed and constructed to BS EN 6297 2007
Homeowners must provide a detailed description of the septic tank and water treatment plan as part of a property transaction, including details about any changes made to the system.
Buying a home with a septic tank
Imagine finding raw sewage backing up into your new home! If you have entered a property transaction and have found out that the house has a septic tank that drains into a nearby watercourse, your conveyancing solicitor can help advise on the best course of action. It is possible to reduce your offer to make up for the cost of installing a compliant system yourself, or to negotiate with the sellers to replace the existing system before the transaction.
How a conveyancing solicitor can help
If a seller is unaware of where their septic tank drains or fails to inform the potential buyer about the system, a conveyancing solicitor can help. The searches and enquiries in the conveyancing process will determine whether the property is compliant with all regulations, including the drainage system of the septic tank.
Your conveyancing solicitor will also help investigate potential issues, work to ensure that the agreements between the buyer and seller are followed through properly, and advise on any other legal issues, whether environmental or in relation to building regulations or planning permissions.
Scott Rees and Co conveyancing solicitors have represented numerous clients whose home sale or purchase involved complicated details or new regulations, such as the current guidance for homes with septic tanks. Contact us with any questions regarding conveyancing services and we will help ensure that your transaction is smooth, straightforward as possible and successful.