No mains drainage and CON29DW error...

quietfool

Hi all,

I bought a house last year, which conveyancing assured us was connected to mains drainage (both through seller's report, a lvl3 RICS survey, and an official CON29DW search). Since moving in we've discovered not only does that seem not be the case, but it seems there is a septic tank of unknown age under part of the property with no obvious access point, and to which not only our house but our neighbour is draining to. It's a really old house, and with no records of a tank ever being installed, so odds are it's pretty ancient and not up to regs.

The water company have investigated to the point of deciding there's no evidence that we're connected to network, and that the tank is therefore our problem to sort out. Their investigations weren't conclusive (it may be a holding tank) but they feel the odds of no connection are high enough that they don't want to invest any more resources in checking further.

This means we are now potentially looking at needing to set up a new connection, as well as investigate and probably drain and decommission the tank (which as it's under part of the building raises all sorts of worries around how it might affect the building too) at our own cost.

When I raised with conveyancing solicitor, they tried to push me towards litigation of seller (although I don't want to do this - I am very confident seller was acting in good faith, we only discovered all this because we wanted to put an extra bathroom in, and they have been paying sewerage rates for yonks) but didn't suggest any pushback on the search company. I'm considering raising a complaint against the search company now, but am pretty at sea with all this.

Would really appreciate any advice, insight or other experiences that might help me work it through!

WIAWSNB

Do you have Legal Protection included in your house insurance? I really hope you do, because I fear this 'could' get messy, and litigation 'may' be required.

Doubly messy if your neighbour is also connected to/via you.

It would be reassuring if you have LP supporting you, just in case.

Surely 'someone' has made a considerable error here, and/or can be considered liable. I hope so, because this could cost.

Whereas your, and your neighbour's, deeds might not contain covenants, or suggest any rights they may have to discharge via your 'system', if the layout that was suggested is actually the case, then I understand they may have gained this continued right as an easement.

Do you get on with your neighbour? Are they reasonable folk?

I say the above as a potential worst case scenario, and hopefully the situation is very different to this, and it will be tackled jointly between you if needed. And also hopefully someone else will bear the brunt of the costs. And quite possibly someone will acknowledge and accept responsibility right away. Ie, a best case scenario. But it'll help if you have a legal lever if needed.

This seems an extraordinary situation! What is your property's layout? Is there a large garden? Is there a slope? Is there a ditch or watercourse nearby? Any manhole covers? Any other neighbours? Have you looked for drain inspection services? Your stuff is going somewhere...

And, where is the actual main sewer? How 'easy' to connect? Has the Water Co suggested anything about connecting to the mains system? I think you'd 'only' have to pay for your pipe within your land.

Section62

https://forums.moneysavingexpert.com/discussion/6668652/no-mains-drainage-and-con29dw-error

I bought a house last year, which conveyancing assured us was connected to mains drainage (both through seller's report, a lvl3 RICS survey, and an official CON29DW search). Since moving in we've discovered not only does that seem not be the case, but it seems there is a septic tank of unknown age under part of the property with no obvious access point, and to which not only our house but our neighbour is draining to. It's a really old house, and with no records of a tank ever being installed, so odds are it's pretty ancient and not up to regs.

The water company have investigated to the point of deciding there's no evidence that we're connected to network, and that the tank is therefore our problem to sort out. Their investigations weren't conclusive (it may be a holding tank) but they feel the odds of no connection are high enough that they don't want to invest any more resources in checking further.

If there's no access, how did they work out it was a septic tank?

I'd suggest the next step for you would be obtaining your own drainage surveys to find out where each drain and connection serving your house goes to, and for a (temporary) access to the tank to be made to have it emptied and inspected. You'll need a company which specialises in drainage surveys, not a man and a van with a CCTV camera in the back.

You also need to get to the bottom of why the water company think you are connected to the mains and have been making sewerage charges. I would be asking them to now cancel the charge and refund everything you've paid up to now. (Don't spend the refund yet, as the water company might want the money back if a connection is found). This might prompt them to have another look.

If the water company think there is a main sewer somewhere nearby then the good news is you should be able to get a connection to it, albeit drainage works tend to be expensive, and if there was a reason why the properties weren't originally connected then it might have been due to the cost - for example needing a pump to get the discharge up to the level of the sewer.

Gonk1967

I'd also recommend that a full drainage survey is undertaken.

If it is a septic tank then it must have been emptied in recent years, the previous owner should have any records of it being emptied.

If it is connected to the main sewer and you think your neighbour maybe connected to it too, then there is a possibility that, depending on where the neighbour is connected, the drain may actually be a former private sewer that was vested to the water company in 2011.

Where are you? what water company?

silvercar

the search company has liability if they have made an error. They have a complaints procedure and if not satisfied you can go to the property ombudsman.

Edited to remove the link to their website, as they say links can only be used with written permission (!!!) if you google CON29DW and redress, you should find the details.

knightstyle

Try to get a firm quote on the cost to survey and rectify the problem. The property ombudsman max payout is £25k.

However we used them and although slow it was decided in our favour and compensation awarded.