Why septic tanks, whilst not illegal, are often non-compliant. And how they can prevent you from being able to sell a property…
Are Septic Tanks Illegal?
For many homeowners, particularly those in rural areas, septic tanks have been part of normal life for decades. In fact, hundreds of thousands of homes across the UK still rely on septic tanks or sewage treatment plants where there is no mains sewer available.
However, in recent years there has been increasing confusion surrounding septic tank regulations, and problems with septic tanks, particularly when people try to sell their home. We regularly meet customers who have suddenly discovered that their drainage system is causing major problems during the conveyancing process.
So, are septic tanks illegal?
The short answer is no — septic tanks are not illegal in themselves. However, many older septic tank systems are now considered non-compliant under current Environment Agency and Building Control regulations, and this can create serious issues for homeowners including:
- Delayed property sales*
- Reduced buyer confidence
- Lender concerns
- Enforcement action – often from the Environment Agency
- Large, unlimited fines for continued use of a non-compliant septic tank or treatment plant.
*We don’t mean to be alarmist in this article, but a large proportion enquiries we receive from people who have septic tanks (or even outdated Treatment Plants) and want to connect to the sewer, are people whose old systems are preventing the sale of a property.
Septic Tanks Are Not Illegal — But Many Older Ones Are Non-Compliant
A modern septic tank installed correctly can still be fully compliant with current regulations.
In fact, we still install septic tanks today where appropriate ground conditions exist and where mains sewer connection is not reasonably available. Click here for a quote
The important point is this:
A septic tank must comply with current Environment Agency “General Binding Rules” and Building Regulations. The General Binding Rules were significantly updated in 2020 to cover old and non-compliant septic tanks and treatment plants.
Many older systems simply do not meet current standards.
This is especially true of:
- Old brick-built septic tanks,
- Ageing concrete tanks
- Homemade systems – in our experience, plenty of them do exist!
- Systems discharging directly into ditches or streams
- Systems with inadequate or failed soakaways/drainage fields
- The vast majority of septic tanks were installed decades ago to standards that would not be accepted today. In some cases, the “system” was little more than a settlement chamber allowing partially treated sewage to discharge into the ground or nearby watercourse. On quite a few occasions over the years, we have even known people to discharge their sewerage into an old well. In theory they this is the worst thing to be using as a septic tank, as untreated effluent would likely travel vertically into groundwater, ultimately polluting the watercourse.
While these various installations may have “worked” for many years, they are increasingly being identified as non-compliant during property sales and surveys.
Why Older Septic Tanks Cause Problems
One of the biggest misconceptions is that “If the liquid disappears into the ground, the system must be fine.” Unfortunately, that is not necessarily true. A traditional septic tank only provides partial treatment of sewage. The final treatment process actually relies heavily on the drainage field and surrounding soil conditions.
Many older systems suffer from problems such as:
- Inadequate soakaways
- Collapsed drainage fields
- Poor ground conditions
- Direct discharge to watercourses
- High groundwater levels
- ….or simply old age and deterioration.
In many cases, nobody even knows exactly where the system discharges – from our experience this is normally the case. And this becomes a major issue once a property goes on the market.
Can a Septic Tank Prevent the Sale of a House?
Yes — absolutely. And we see it all too often, we regularly have people approach us whose sale of a house has fallen through, often in the final stages, due to the sewerage solution not being ‘compliant’.
In some cases:
- Buyers renegotiate the sale price
- Mortgage lenders raise concerns and often refuse to lend
- Surveyors flag the drainage system and often advise against the purchase whilst the system is non-compliant
- And all too often, the buyers withdraw altogether
And this is becoming increasingly common. The reason is that modern conveyancing solicitors, surveyors, and lenders are now far more aware of drainage regulations than they were 10 or 20 years ago. And of course, the General Binding Rules changes that came into effect in 2020, have meant an increased expected standards.
When a house is sold, the buyer’s solicitor will usually ask detailed questions about:
- How the foul drainage system works
- Whether the system complies with current regulations
- Where it discharges to
- Whether there are maintenance records
- …and whether any enforcement action has been taken
If the answers are unclear, alarm bells start ringing.
Surveyors and Mortgage Lenders Are Increasingly Cautious
Many homeowners assume that only the buyer and thier surveyor are concerned about the septic tank. In reality, mortgage lenders can also become involved.
Surveyors acting on behalf of not only the buyer, but also the mortgage lender, will often identify concerns with the drainage system during their inspection.
Lenders do not like uncertainty. And in the event that they had to repossess a property soon after the sale or even many years later, then of course a non-complaint system will likely prevent them from doing so.
Even where a sale is still able to proceed, the buyer may demand:
- A reduced purchase price
- Indemnity insurance
- Or most likely, that the drainage issue is resolved before completion
This can leave homeowners under enormous pressure to find a fast solution. But finding a ‘fast solution’, especially if that means a new connection to the public sewer, is never a fast solution. Click here to read our article How Long Does a Sewer Connection take?
Direct Discharge to a Watercourse Is a Major Problem
Since January 2020, septic tanks in England are generally not permitted to discharge directly into:
- Rivers
- Streams
- Ditches
- Brooks
- Or any other watercourses
If an older septic tank discharges directly into a watercourse, the owner will usually need to:
- Replace the septic tank with a sewage treatment plant
- Install a compliant drainage field
- Or connect to the mains sewer where practical
This regulation caught many homeowners by surprise. A system that may have existed for decades suddenly became a serious legal and conveyancing issue.
Why Sewage Treatment Plants Are Becoming the Better Option
While septic tanks can still be compliant in certain situations, Sewage Treatment plants are increasingly seen as the preferred modern solution for off-mains drainage.
A sewage treatment plant provides a much higher level of treatment than a traditional septic tank, by using aeration and biological processes to clean the effluent more effectively. For this reason, many homeowners now choose to replace older septic tanks with treatment plants even before problems arise.
At JW Clark Ltd we install both septic tanks and treatment plants depending on the property, ground conditions, drainage layout, and regulatory requirements.
You Cannot Usually Install a New Septic Tank If a Sewer Is Available Nearby
One point many homeowners are unaware of is this:
If a mains sewer exists within a reasonable distance, you are generally not permitted to install a new private drainage system instead, such as a Septic Tank or a Treatment Plant.
This applies to both new septic tanks and also new treatment plants.
If there is a public sewer within a reasonable distance of the property, Building Control and the relevant authorities will normally expect the property to connect to the mains sewer instead.
This is why many customers ultimately choose a sewer connection rather than investing significant money into upgrading an ageing private drainage system.
In many situations, connecting to the mains sewer removes:
- Regulatory uncertainty
- Future compliance concerns
- Maintenance liabilities
and potential issues during future property sales
Can Homeowners Be Fined for a Non-Compliant Septic Tank?
Yes they certainly can.
If a drainage system is causing pollution or breaches environmental regulations, enforcement action can be taken.
Depending on the circumstances, homeowners may face:
- Environment Agency enforcement notices
- Requirements to upgrade or replace the system
- Prosecution
- Significant fines – by the way, with no upper limit
This applies not only to septic tanks but also to sewage treatment plants if they are incorrectly installed, poorly maintained, or discharging unlawfully.
In practice, many issues first come to light during:
- Property sales
- Neighbour complaints
- Environmental inspections
- Visible pollution incidents
Septic Tank, Treatment Plant and Sewer Connection Specialists
At JW Clark Ltd we have extensive experience carrying out:
- New connections onto the public sewer
- Drainage upgrades
- Sewage treatment plant installations
- Septic tank replacements
- And all associated groundwork
We understand the urgency many homeowners face when a property sale is affected by drainage compliance issues, and we work hard to provide practical, straightforward solutions.
If you are concerned about an older septic tank system or require advice regarding a mains sewer connection, contact our team today.
Do you have a project you wish to discuss?
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