Selling a house can be challenging even in the best circumstances, but when a septic tank is involved, it can add an extra layer of dread. However, selling a home with a septic tank is far from impossible; it just might not be something that many buyers expect.
In this blog, we’ll provide you with everything you need to know about selling a house with a septic tank, so you can still get the sale you’re hoping for.
What is a Septic Tank?
A septic tank is a system used to manage all the wastewater from a property that isn’t connected to the local sewer system. This includes water from kitchens, toilets, sinks, and baths. Typically found in properties located more than 50 metres from a sewer, septic tanks are estimated to be in use in around half a million British homes.
What You Need to Know
When selling a house with a septic tank, it’s important to be aware of a few factors, especially since the new owner will be taking over its use. Specific laws dictate the use of septic tanks.
If you have a contractor service your septic tank every 3-5 years, you may not need to worry about certain aspects of these laws, particularly if your system doesn’t discharge water into rivers, ponds, or streams.
Can You Sell a House with a Septic Tank?
Yes, you can sell a house with a septic tank, but you need to ensure you follow specific regulations. Known as The General Binding Rules for Small Sewage Discharge, these regulations require that your septic tank does not discharge waste directly into a watercourse and that the potential buyer is fully informed about the septic tank on your property. Failing to comply with these rules can result in an unlimited fine, and you may also be responsible for cleaning up any contaminated areas.
What Must You Disclose When Selling a House with a Septic Tank?
Under the General Binding Rules for Small Sewage Discharge, you are required to inform potential buyers that your property relies on a septic tank rather than being connected to a mains drainage system. This disclosure must be made in writing and should include:
- A description of the septic tank and the drainage system, including its age.
- Details of any modifications made to the septic tank and drainage system.
- Any maintenance records.
- A maintenance manual, if available, with full details on how to maintain the system.
- Information about the location of the septic tank, drainage system, and discharge point.
It’s also advised to provide evidence that the septic tank has been emptied recently. This can reassure buyers that the system is well-maintained and increase their confidence in its longevity. Keeping receipts for septic tank services can also demonstrate your responsibility, although it’s not a legal requirement.
Understanding the Laws for Septic Tanks
In January 2020, new laws were introduced to better protect wildlife, people, and the natural environment. These General Binding Rules come with the risk of unlimited fines, so it’s crucial to comply. The rules prohibit wastewater from draining into any river, pond, or stream, making it necessary for some homeowners to update their systems. Those who haven’t yet made the required updates risk significant penalties.
What If My Septic Tank Doesn’t Comply with the New Rules?
If your septic tank isn’t compliant, you may have two options. If there have been recent developments in your area, you might be able to connect to the main sewage network, though this is often unlikely. Alternatively, you could install a new septic tank that meets the 2020 standards or consider diverting the wastewater.
How Can I Ensure My Septic Tank Is Compliant and in Good Condition?
To reassure potential buyers and avoid delays, it’s wise to have all relevant information about your septic tank ready before listing your property. A survey conducted by a drainage specialist can provide a full assessment of the system’s condition and highlight any necessary updates.
Is the Septic Tank the Responsibility of the Buyer or Seller?
Ultimately, the responsibility can fall on either party, depending on how you choose to handle the sale. Demonstrating that your septic tank is well-maintained and compliant can encourage higher offers. On the other hand, if your property is sold as a renovation project, buyers may be prepared to take on the work themselves.
Discovering issues with a septic tank can be time-consuming and expensive, potentially delaying the sale of your home. At DMA Law, our conveyancing solicitors have extensive experience handling property transactions. If you have any questions or need assistance with conveyancing services, contact us to help make your transaction as smooth, straightforward, and successful as possible.
