Buying a property with a septic tank involves understanding specific legal requirements to ensure compliance and avoid potential issues. Here are the key points to consider:
General Binding Rules (GBR)
The General Binding Rules (GBR) set out the conditions that septic tanks must meet to be used without an environmental permit. These rules apply to all small sewage discharges and include:
- Discharge Limits: You can discharge up to 2 cubic meters per day to the ground using a septic tank. However, you cannot discharge to surface water (e.g., rivers or streams) without a small sewage treatment plant.
- Compliance with Standards: The system must comply with the relevant British Standard in force at the time of installation and be operated according to the manufacturer’s specifications.
- Maintenance: Maintenance must be undertaken by a competent person, and waste sludge must be safely disposed of by an authorized person.
New Regulations
Since January 2020, it has been illegal for septic tanks in England to discharge wastewater directly into surface water. If the property you are buying has a septic tank that discharges into a watercourse, you will need to upgrade the system. Options include:
- Sewage Treatment Plant: Replace the septic tank with a sewage treatment plant that can discharge to surface water.
- Drainage Field: Divert the discharge into a drainage field designed and constructed to BS EN 6297 2007.
Legal and Practical Considerations
- Planning Permission and Building Regulations: New discharges require both planning permission and building regulations approval.
- Maintenance Records: Request maintenance records to understand the system’s history and condition.
- Professional Inspection: Have a professional inspection to assess the system’s capacity and compliance with GBR.
- Negotiation: If the system needs upgrading, negotiate with the seller to cover the cost or reduce the purchase price.
Conclusion
Buying a property with a septic tank requires careful consideration of the legal requirements and potential upgrades needed to ensure compliance. Consulting with a solicitor and a septic tank specialist can help you navigate the process and make an informed decision.
