Responsibilities When Selling a Property with a Septic Tank

When selling a property with a septic tank, there are several responsibilities you must fulfill under current legislation, as well as additional steps you may take to facilitate a smoother sale. Below, we outline the two primary legal obligations:

1. Informing the Buyer About the Drainage System

Under the General Binding Rules for Small Sewage Discharge, if you are selling a property with off-mains drainage, you are legally required to provide the new owner with written notice that a sewage discharge exists. This notice should include:

• A description of the treatment plant and drainage system.
• The location of the main components of the treatment plant, drainage system, and discharge point (e.g., whether the system discharges to the ground or into a nearby watercourse or ditch).
• Details of any modifications made to the treatment plant and drainage system.
• Instructions for maintaining the treatment plant and the maintenance manual, if available.
• Records of maintenance if they are available.

If your property has a septic tank, it requires regular emptying. Providing evidence of routine emptying can reassure a prospective buyer that the tank is well-maintained and likely to remain in good working condition. Although keeping receipts for these services is not mandatory, it can be beneficial. You may also be able to obtain records from your service provider if you have consistently used the same company for tank emptying.

2. Ensuring Compliance with Discharge Regulations

You must determine whether your septic tank discharges to a ditch or watercourse. If it does, the General Binding Rules require that the system be replaced or upgraded by January 1, 2020. This regulation was implemented to prevent environmental harm caused by discharges from septic tanks directly into watercourses.

The Rules specify: “Where properties with septic tanks that discharge directly to surface water are sold before 1 January 2020, responsibility for the replacement or upgrade of the existing treatment system should be addressed between the buyer and seller as a condition of sale.” For further details, you can review the full guidance notes here.

Currently, there is no specific guidance on how these requirements apply to property sales after January 1, 2020, especially considering the limited awareness among property owners about these changes. However, since these rules were established to protect the environment, it is prudent to assume that they will continue to be enforced.

For more information on the regulations and to explore your options, you may consult additional resources.