Can a property with a non-compliant drainage system be bought or sold?

Yes – in principle. If you are purchasing a property without a mortgage, or you can satisfy your lender that the system will be brought into compliance within 12 months (the Environment Agency’s standard requirement), a sale can proceed. However, in practice, lenders will often refuse to lend on a property with a confirmed non-compliant system. If the sale does go ahead, the obligation to bring the system into compliance passes to you as the new owner. Most buyers in this situation negotiate a reduction on the purchase price to offset the cost of replacement. If you are involved in buying or selling a property with a private drainage system, contact us early – a compliance survey and a clear remediation plan can prevent delays and abortive costs.