Do I need to provide a drainage survey -selling house

Topcat53

I am trying to sell my deceased parents' house and am struggling to get any opinions from my solicitor. He has passed on a request from the buyers' solicitor asking for the location of a soakaway to be identified. I have spoken to the water board and they have confirmed that surface water does not drain into the public mains but they do not have any record of a soakaway. They suggested we look at the title deeds but this does not show if there is one or its location. Can anyone advise if it is a legal requirement to have a soakaway if surface water does not drain into the Mains and and if we as vendors should pay for a survey to determine this - or is it up to the buyers if they are concerned.

propertyhunter

If they haven't had a drainage survey conducted, how does the solicitor know to ask about the soakaway? 

They should pay for a survey, not you. You're also selling it under a limited title guarantee (I'm assuming under probate) - so legally, it's acknowledged that you won't know about certain aspects of the property and that the buyer takes the risk. 

Martin_the_Unjust

Just respond with ‘location not known’

Topcat53

propertyhunter said:

If they haven't had a drainage survey conducted, how does the solicitor know to ask about the soakaway? 

They should pay for a survey, not you. You're also selling it under a limited title guarantee (I'm assuming under probate) - so legally, it's acknowledged that you won't know about certain aspects of the property and that the buyer takes the risk. 

Im not sure, im assuming it was in their tickboxes. Prior to this I'd never even heard of a soakaway! . However they also said "records" showed that the water authority werent charging form drainage of surface water to the property. I have no idea how they knew this as we hadnt shared any billing information with them but certainly when i contacted the water board they confirmed that this was the case.

canaldumidi

what about black water? Intothe mains drainage? You paying for that? Or is there a septic tank?

As executor (I assume) you are currently responsible for the property's drainage being compliant, so personally I'd want to know how the system works - irrespective of it helping you achieve a sale!

Topcat53

canaldumidi said:

what about black water? Intothe mains drainage? You paying for that? Or is there a septic tank?

As executor (I assume) you are currently responsible for the property's drainage being compliant, so personally I'd want to know how the system works - irrespective of it helping you achieve a sale!

Yes waste water goes into the mains drainage, there's no septic tank. One of the things I'm trying to find out is if there is a legal requirement to have a soakaway if surface water doesn't drain directly into the Mains

wedge69

I don't think there's a legal requirement. Our surface water does not drain into the mains. Took us a while to figure it out, but the downpipes actually connect into a well! 

canaldumidi

I think Building Regs are relevant. Probably not for existing set-ups, but for new builds, extensions, changes.

Poor run-off can cause damage to property (as can poor foundations, hence the existance of BRs) as well as causing/contributing to flooding.

But I'm not a building Regs expert!

twoLou

I have soakaways and they are usually located in the ground very near the down pipes coming off the roof (1980’s) house. 

I was asked the same question as to their location and only knew about one of them so just stated ‘unknown’ for the other(s)
Absolutely no idea as to why the solicitor asks for this info but you can only say what you actually know.

Section62

Topcat53 said:

canaldumidi said:

what about black water? Intothe mains drainage? You paying for that? Or is there a septic tank?

As executor (I assume) you are currently responsible for the property's drainage being compliant, so personally I'd want to know how the system works - irrespective of it helping you achieve a sale!

Yes waste water goes into the mains drainage, there's no septic tank. One of the things I'm trying to find out is if there is a legal requirement to have a soakaway if surface water doesn't drain directly into the Mains

In England, the answer is 'probably no'.  I don't know the law in Scotland or Wales so can't comment on that.

There may be (very) local bylaws in England that specify rainwater disposal must be done by soakaway, but in general terms the main requirements are imposed by building regs and the terms imposed by the local sewerage undertaker (which vary by area), and/or the Environment Agency and/or a Drainage Board.

For new works the regulations require wastewater to be collected and disposed of effectively.  That includes rainwater from the roof.  So you have to do something, but the 'what' will depend on the specific circumstances.

If the property can't be connected to a surface water or 'combined' mains drainage system then the alternatives include discharge to a watercourse, to a pond or swale, or to a soakaway.  So you could only be legally required to have a soakaway if all the other options were not practical or forbidden... and only if a soakaway would be effective.

For existing properties with drainage arrangements that are 'historic' there is no (simple) legal requirement to use a soakaway as an alternative to mains drainage.  Although there are legal processes that authorities with responsibility for drainage could go through to make drainage by soakaway compulsory, including for established properties.  However, this is incredibly unlikely to happen for any randomly selected property.

So the short answer for an existing property is 'probably no', with the proviso that the drainage arrangements continue to work and are not causing a problem or nuisance to others.

Topcat53

Section62 said:

Topcat53 said:

canaldumidi said:

what about black water? Intothe mains drainage? You paying for that? Or is there a septic tank?

As executor (I assume) you are currently responsible for the property's drainage being compliant, so personally I'd want to know how the system works - irrespective of it helping you achieve a sale!

Yes waste water goes into the mains drainage, there's no septic tank. One of the things I'm trying to find out is if there is a legal requirement to have a soakaway if surface water doesn't drain directly into the Mains

In England, the answer is 'probably no'.  I don't know the law in Scotland or Wales so can't comment on that.

There may be (very) local bylaws in England that specify rainwater disposal must be done by soakaway, but in general terms the main requirements are imposed by building regs and the terms imposed by the local sewerage undertaker (which vary by area), and/or the Environment Agency and/or a Drainage Board.

For new works the regulations require wastewater to be collected and disposed of effectively.  That includes rainwater from the roof.  So you have to do something, but the 'what' will depend on the specific circumstances.

If the property can't be connected to a surface water or 'combined' mains drainage system then the alternatives include discharge to a watercourse, to a pond or swale, or to a soakaway.  So you could only be legally required to have a soakaway if all the other options were not practical or forbidden... and only if a soakaway would be effective.

For existing properties with drainage arrangements that are 'historic' there is no (simple) legal requirement to use a soakaway as an alternative to mains drainage.  Although there are legal processes that authorities with responsibility for drainage could go through to make drainage by soakaway compulsory, including for established properties.  However, this is incredibly unlikely to happen for any randomly selected property.

So the short answer for an existing property is 'probably no', with the proviso that the drainage arrangements continue to work and are not causing a problem or nuisance to others.

Thanks , thats really helpful