ORJ Law is urging farmers with septic tanks to check that their systems are compliant before trying to sell their properties to avoid months of delays and frustration.
The company’s property law expert, Zoe Smith, said she has seen buyers pull out of deals after it emerged that there was no Environment Agency permit in place.
Smith said it can then take six months to either obtain the necessary paperwork or to make the septic tank compliant, bringing “disruption and chaos to people’s lives”.
“If you have a septic tank, it is crucial you comply with regulations and the General Binding Rules,” Smith said.
“It is very difficult for the buyer to obtain insurance or a mortgage if the septic tank is non-compliant.
“We’re finding lenders just won’t lend until the problem is resolved. We have seen cases recently where sales have fallen through as sellers haven’t given their systems due attention and they’ve been deemed non-compliant and in need of repair or replacing.”
Septic tanks
“When non-compliance is flagged, there is no quick fix. It can take around six months to rectify the problem and obtain the required permit,” Smith said.
“My message would be simple – if you have a septic tank and are thinking about selling in the next year, seek professional advice and ensure you are acting within the law as early as you can to avoid any disruption.”
An estimated three million UK households use septic tanks or cesspits rather than being connected to the main sewage system.
The Environment Agency introduced further regulations last year around discharge methods and volumes as it strives to improve water quality in the country’s watercourses.
It is the seller’s legal responsibility to be honest and truthful about the condition of any septic tank, ORJ Law said, and any problems with the septic tank system will normally arise during a routine building survey carried out by a prudent purchaser.
“Preparation is key when selling any property. It’s important people do all they can to ensure everything is in place before going to market to produce the environment for a smooth transaction,” Smith said.
“It is evident this is a very hot topic at the moment, with the Environmental Agency taking approximately six months to produce appropriate permits. They are clearly overwhelmed with the current demand.
“From a buyer’s perspective, we would also strongly recommend that a specialist survey is undertaken on the septic tank to ensure that the system is in good working order and complies with the General Binding Rules and all regulations.”
Replacing a septic tank can be a costly expense that would not be ordinarily be factored into a budget, Smith said, and could lead to renegotiating an offer on a property if the septic tank needs replacing.
