One question we get asked weekly is ‘I am buying a house with a septic tank. Whose responsibility is it to prove that the system is compliant to the General Binding Rules?’
Unfortunately, this is not a cut and dried answer.
The Environment Agency General Binding Rules No. 13 states if you sell your property, you must tell the new operator (the owner or person responsible for the septic tank or small sewage treatment plant) in writing that a sewage discharge is in place. This includes:
– a description of the treatment system and drainage system
– the location of the main parts of the treatment system, drainage system and discharge point
– details of any changes made to the treatment system and drainage system
– details of how the treatment system and drainage system should be maintained and the maintenance manual, if you have one
– maintenance records, if you have them
The wording above does not categorically state that the vendor must prove compliance of the system but it can be interpreted that way.
Unfortunately, what we find is that very few Estate Agents request that properties with private drainage systems are surveyed BEFORE they reach the market. Currently ~80% of our septic tank compliance surveys are conducted on behalf of the purchaser as the current owner is unable or unwilling to provide details of the system. When buying a property in the UK the Latin phrase ‘caveat emptor’ meaning “let the buyer beware” is often referred to. Broken down, this forms the well-known phase ‘Buyer Beware’ and means it is the buyer’s responsibility to ensure the house they are purchasing is suitable for them and is in good condition.
Whether you are a vendor or a purchaser what is clear is that any private drainage system should be surveyed for functionality and compliance to current legislation, We often have purchasers paying for the survey and the vendors covering the empty which must accompany the survey.
Drainage is often not considered until late in the conveyancing process, where it can necessitate additional investigations and ultimately delay a sale. With the typical cost of a private drainage replacement being £15,000, further negotiations on property price (should the septic tank be found to be non-compliant) can be costly for everyone involved. A septic tank compliance survey can identify issues early, confirm compliance and price any related works that need to be undertaken on the system – significantly reducing the likelihood of a failed transaction or inherited liability.
For all your compliance requirements, please contact WCI by email enquiries@wci.co.uk or call us on 01984 623404. Find more information about what’s included in a septic tank compliance survey and answers to a range of frequently asked questions.
