Apparently non compliant septic tank

halfordslaner

Hi

we are trying to relocate.  

Our current house has septic tank, fairly sure it’s ok as soak away system but doesn’t matter as we have sold to rich landowners who will probably bulldozer the lot anyway. There is a big back story with buyers but suffice to say the rules pretty much don’t apply to them…

When we put our house on the market the estate agent raised septic tank question so I researched which is where I found that ours, being pre 1983, would probably be ok for sale. 

So I looked for a house for us to buy.  We are now in Staffordshire snd want to move to Northumberland.

I found what looks like the best house for us. Ticks the boxes overall.  But it has a septic tank that, it appears, discharges to water.  I know this because the planning application for it (1993) gives details of the drain from the tank over fields to the nearest burn.  The title register snd plans also say that drains from a septic tank were allowed over this other land. So two pretty formal  records stating discharge to water. 

Before offering we asked the question snd were told they didn’t know why it said that as it was a soak away.  

We offered below asking (it’s a Reno project really, needs everything doing including putting in central heating) snd it’s been accepted. 

It has taken three weeks to get the draft contract pack back.  They have ticked to say that some of the drainage system is not on the property. 

I know that a discharge to water is illegal snd, really, it’s their problem to solve. But I haven’t found a house to buy that better fits our requirements.  

We plan to ask them how they intend to resolve the situation.  We thought we would point out the evidence that says it does discharge to water snd ask them to provide evidence that it doesn’t. 

We have an idea that we may struggle to raise a mortgage on it snd certainly would struggle to sell it in ourselves. 

Has anyone any tips?  We really like the house but, with no mortgage snd the potential cost of new system, then we would be stuck with a Reno property snd no funds to do it. 

canaldumidi

Well first you ned to establish, beyond doubt, where the discharge goes. To a burn? To a soak-away? On the property's land or a neighburing property? If the latter, is consent in place?

You may need a specialist survey eg

https://www.ukdpsolutions.co.uk/septic-tanks/surveys/home-buyer-drainage-survey

(other companies are available.)

Once you know what's what, you can budget for any work required (eg upgrading to a small sewage treatment plant) be that either by

a) getting the seller to do the work (not recommended - they'll do it as cheaply as possible)

b) getting a reduction in purchase price

c) setting money aside to do the work yourself

youth_leader

I'm in Northumberland and there are many properties with very old septic tanks - and there are a lot of burns.

I agree with canaldumidi, get a specialist surveyor. Our shared septic tank soakaway was on our neighbour's land, and caused a dispute.  

canaldumidi

youth_leader said:

...Our shared septic tank soakaway was on our neighbour's land, and caused a dispute.  

Sharing of facilities poses additional potential issues, as you say.

I too share with my neighbour and the (old) septic tank was on his land. We recently upgraded to a treatment plant, splitting the cost 50/50, but also took the opportunity to create a Deed, registered against both our properties, granting me the right to use his TP and obligating me to pay 50% of maintenance, repair and replacement costs.

Hopefuly that will obviate future disputes for both us and our successors.

halfordslaner

Thanks for advice.  

I’ve e mailed estate agent and think we have a resolution.  Either they have already sorted it and will find paperwork (it’s inherited) or they will sort it/pay to sort it.  Hopefully a happy ending! 

Now just need to hope the mortgage offer comes through 😀

canaldumidi

halfordslaner said:

Thanks for advice.  

I’ve e mailed estate agent and think we have a resolution.  Either they have already sorted it and will find paperwork (it’s inherited) or they will sort it/pay to sort it.  Hopefully a happy ending! 

Now just need to hope the mortgage offer comes through 😀

If they "sort it/pay to sort it." make sure you know how they are sorting it. It's you who will have to use and live with the system, and you the Environment Agency will chase if a duff job is done.......

Personally, if 'sorting' is needed I'd recommend doing it yourself. That way you can select the system you want, and the installer/contractor you trust. Get them to pay by all means.

halfordslaner

Thank you.  I’ll take that on board.  The tank is shared with the neighbours which complicates things a little but maybe, since they will also be using it, that might help ensure a proper job not a bodge.  But, like you say, should work need to be done we will make sure it’s done right 

youth_leader

We didn't have a 'written' agreement with our shared septic tank neighbours, and sharing the emptying bill worked well for twenty years. But then my husband died and they started organising it erratically and just putting a note through my door, without any notice, asking for the £130.  I didn't have the money once until the next week's pension, it was awkward.

I would create a Deed with the new neighbours as canaldumidi has, to ensure good relations.

canaldumidi

youth_leader said:

.....just putting a note through my door, without any notice, asking for the £130.  I didn't have the money once until the next week's pension, it was awkward..

So £260 between you? Wow that sounds expensive! Just for a tank pump out?

youth_leader

Yes, he was fully licensed and travelled 35 miles to us, I think he charged us mileage.  Very sadly he died due to a gastric band op going wrong.  The local farmer here does it for £60, and sprays it on his fields, everyone knows but they turn a blind eye.  .