Selling a property with a septic tank? Don’t be fooled, check the Rules!
It is estimated that over 1,500 properties within the Lake District National Park do not have access to mains sewers and therefore rely on private sewage systems, most commonly septic tanks. The rules which apply to small sewage discharges are known as the General Binding Rules, last updated in 2021 (‘the Rules’), but they are not as draconian as people often think.
Peter Dodd, Head of Temple Heelis’ Rural Land and Property Services, says it pays to know the rules around septic tanks when buying or selling a rural property to avoid unnecessary costs or delays in the conveyancing process.
Unlike the more modern sewage treatment plant, which collects sewage in a tank and then treats it before discharging it as cleansed waste water, either to a drainage field or, in some cases, to a watercourse, a septic tank does not cleanse the sewage.
As a septic tank does not cleanse the sewage collected in the tank before discharging it, it is the discharge of potentially polluted waste water that can lead to a breach of the Rules and possible enforcement action against the property owner on whose land the septic tank is located.
Despite this, in Peter’s view there is a common misconception that a septic tank needs to be new or replaced before a property is marketed for sale, but this is incorrect.
Peter continues: “People often spend money unnecessarily, believing they must bring their septic tank up to modern standards or replace it before selling their property. There are 3 myths which I aim to dispel each time I hear this:
- All septic tanks need to be replaced by a sewage treatment plant;
- All septic tanks must comply with the latest design and manufacturing standards;
- All septic tanks require a permit to discharge or a formal notice of exemption from the Environment Agency.”
Peter explains further: “Taking each myth in turn:
- The Rules state that a septic tank does not need to be replaced or updated when a property is sold as long as the tank:
- has sufficient capacity for the number of users
- is not causing pollution
- is not discharging to a water course.
- A septic tank does not need to meet up to date design and manufacturing standards as long as it was installed correctly and met the standards at that time.
- As long as compliance with the Rules can be evidenced as described above, and the tank is for domestic use only, there is no requirement to contact the Environment Agency to obtain a permit or an exemption.”
Peter adds: “I would recommend that anyone considering selling a property with a septic tank commissions a septic tank report from a specialist contractor. If the report reveals that the septic tank is compliant with the Rules then this can be passed to the buyer without any need for the seller to attempt to respond to complex enquiries of which the seller has no knowledge or be faced with a negotiation for a price reduction to cover the cost of a brand new sewage treatment plant.”
Concluding, Peter says: “The Rules are much less intimidating and difficult to satisfy than their reputation suggests and that the sale of a property with a septic tank need not become protracted if early action is taken and a specialist septic tank report obtained, ideally before the property is marketed.”