Lexsure e-ROT

Septic Tanks & Drainage · Report on Title scenario

What to have checked before you buy a property on a septic tank

Six things, and they should be in the instruction rather than left to chance: that the system works, that it is sound, that it is big enough for the number of people who will live there, that it is not polluting, where it actually is, and whether it meets the current rules. A general building survey will not necessarily cover any of them unless you ask.

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: Private Drainage - Septic Tank · See the wording

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I’ve already bought the property Problems with the drainage have emerged since I moved in. Check what this could mean →WhenIBought.com
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How a septic tank actually works

It is a settlement and filtration system rather than a treatment plant. Solids settle and remain in the tank until it is emptied; the liquid discharges through a drainage field into the ground, where the soil does the rest of the work.

Two consequences follow. The tank has to be emptied periodically, which is a running cost. And the drainage field matters as much as the tank — a failed or undersized field is the commonest reason a system stops being compliant, and it is invisible from the surface.

The six items to put in the instruction

That it is in working order. That it has no cracked pipes or walls, failed mortar joints or leaks. That its capacity is sufficient for the number of people who will occupy the property — a tank sized for a couple is not sized for a family of five.

That it is not causing pollution. That its location is known, along with the drainage field. And whether the binding rules are met, including whether a permit was or is required, and whether building regulations approval was needed for any part of it.

Tell your surveyor the property is on a septic tank before they attend. It changes what they look at and what equipment they bring.

Why the cost lands on you

Because compliance obligations attach to the operator of the system, which from completion is you. If the system is found not to meet the rules, bringing it up to standard is your cost, and replacing a failed system is a five-figure job rather than a repair.

That is the whole reason to spend money on a survey before exchange: it converts an unknown liability into a number you can negotiate about.

The rules in this area have changed before and the requirements continue to develop, which is why the answer has to come from somebody who works with them rather than from a document written at some point in the past — including this one.

Already bought, and the drainage has turned out to be a problem?

If the system has failed or turned out to be non-compliant, what was reported to you during the purchase is where the question starts.

From the e-ROT archive

Report on Title paragraph

Private Drainage - Septic Tank

Master precedent Lexsure e-ROTScope Specialist survey and binding rulesWord count 166Status Current master paragraph

As a firm, we are unqualified to provide advice on such systems due to them being heavily regulated and requirements continuing to change. As such, we would strongly recommend that you commission a specialist survey of the system or tank to ensure that this meets the relevant requirements and they should be able to advise whether a permit or building regulations is/was necessary.

As from 01 January 2015, new regulations came into force for properties in England with Septic Tanks. The owners of septic tanks are subject to strict rules to maintain the tank, these are called the binding rules. Please note if compliance is not taking place then this could mean considerable costs for you if you are called upon to bring the system up to standard. If you believe the binding rules are not met please let us know immediately, further details can be found on the below link. If the binding rules are not met then the tank has to have a permit. …

Master precedent wording. This is current Lexsure Report on Title material, shown here in extract and reproduced exactly, including the date it gives for the regulations. The paragraph itself says the requirements continue to change; this page states none of its own.

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