Lexsure e-ROT

Septic Tanks & Drainage · Report on Title scenario

The property is on a septic tank rather than the mains

A private foul drainage system is lawful without an environmental permit only if it meets a set of binding conditions. Where it does not, a permit is required — and operating outside both is a criminal offence, not merely a regulatory untidiness. The difficulty for a buyer is that nobody in the conveyancing process can tell you which side of the line this system falls.

From the e-ROT archive

This scenario is drawn from Report on Title material dealing with this specific circumstance.

Lexsure master Report on Title paragraph: Septic Tank Discharging to Ground · See the wording

Which describes you?

I’ve already bought the property I have found out my drainage system is not compliant. Check what this could mean →WhenIBought.com
I’m a conveyancer I need Report on Title wording for this situation. View professional options →

Two ways to be lawful, and one way not to be

A small sewage discharge can be operated without a permit if it satisfies the binding rules — conditions about how and where it discharges, its capacity, its maintenance and its condition.

Where those conditions are not met, an environmental permit is required instead. Operating a system that meets neither is an offence carrying the prospect of a fine or imprisonment, which is a long way from the administrative problem most buyers assume they are dealing with.

The practical risk is rarely prosecution. It is the cost of being required to bring a non-compliant system up to standard, which can be substantial and which falls on whoever owns the property at the time.

Why your conveyancer will not tell you the answer

Because they have not seen the system and are not qualified to assess it. A conveyancer works from the documents, the seller's replies and the search results, none of which establishes the existence, location, condition or compliance of a tank buried in a field.

The Lexsure wording below says so in unusually direct terms, and it is worth reading as a statement of what the report does not cover rather than as a disclaimer to skim.

That means the compliance question is yours to answer, and the only way to answer it is to have someone look.

What to commission, and what to ask it to establish

An independent drainage engineer or environmental consultant, instructed before exchange. Ask them to inspect the system on site, confirm its type, age and location, assess compliance with the binding rules, and say whether an upgrade or replacement is needed and what it would cost.

Ask the seller in parallel: when the system was installed, when it was last emptied and by whom, whether it has ever been repaired, whether a permit has ever been held, and whether the discharge goes to ground or to a watercourse. Discharges to a watercourse are treated differently and more strictly.

Establish where the drainage field is and whether any of it is on land you are not buying. That is a rights problem as well as a drainage one, and it is a common and expensive discovery.

Already bought, and the system is not compliant?

If you have found out that your drainage system does not meet the rules, what was reported to you about it during the purchase is where the question starts.

From the e-ROT archive

Report on Title paragraph

Septic Tank Discharging to Ground

Master precedent Lexsure e-ROTScope Permits and binding rulesWord count 51Status Current master paragraph

The General Binding Rules specify the conditions under which small sewage discharges (“SSDs”) may be lawfully operated without an environmental permit. Where these conditions are not met, an environmental permit must be obtained. Failure to comply is a criminal offence under Regulation 38 of EPR 2016, carrying potential fines or imprisonment. …

Master precedent wording. This is current Lexsure Report on Title material, shown here in extract and reproduced exactly, including its statutory references. Those references are the paragraph's; this page states no rule of its own and the requirements in this area change.

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