Sewage discharge on their land and an eye-watering £140,000 bill could catch out rural homeowners who aren’t aware of laws covering septic tanks.
Houses off the main sewage grid rely on the large tanks often buried beneath the garden to collect waste, which is then emptied and removed from the site at regular intervals.
But legislation passed in 2015 changed the rules for how such waste is disposed of, the size of the tanks and their state of repair.
Nasty surprise
Now one legal expert is warning thousands of new homeowners they could be in line for a nasty surprise if they weren’t alerted to any issues when they bought the property.
Laurence Wright, professional negligence expert at CEL Solicitors, explained: “These government regulations came into force eight years ago, but there was a five-year grace period to ensure their septic tanks complied.
“The rules are designed to reduce the impact of sewage on waterways such as rivers and streams. But no one would want a defective septic tank leaking over their property either.
“We are finding many cases where either conveyancers have not alerted buyers to any potential issues, or where the cost of replacement – which can be up to £20,000 – has put them off taking action.
“Very often this only comes to light when they have the tank emptied for the first time and the experts advise them they do not meet the requirements.”
Solicitors acting on behalf of those selling a property with a septic tank have a duty, by law, to inform their clients about the legislation so they can either ensure it meets the standards or replace the equipment.
This is viewed as a condition of the sale.
Checks not always carried out
But Mr Wright says in parts of the UK which include large rural areas – such as Cornwall, Cumbria and Devon – these checks are not always being carried out.
He added: “We have found that some conveyancing solicitors are not aware of the regulations themselves and this can have a huge impact on anyone purchasing such a home.
“Having an unsuitable septic tank can reduce the value of the property, leave the buyer with a large replacement bill and even see them fined up to £100,000 by the Environment Agency for not reaching the standards.
“Non-compliant sewage treatment systems could also be in breach of a mortgage or home insurance policy.
“In the worst case scenario this could even mean a three-month prison sentence if sent to a magistrates court.”
More complications
Bringing septic tanks up to standard can be further complicated by other factors.
These include needing to relocate the tank further away from a river or stream, or at a greater distance from a building.
This means the cost can escalate, with some homeowners being faced with a bill of up to £40,000 to make their property compliant.
CEL Solicitors’ Mr Wright said: “The rules state that the cost of replacing or upgrading the septic tank should be agreed as a condition of sale before you purchase.
“If you find yourself facing expenses which you were not expecting, then you may be able to claim compensation.”
