Homeowners in the UK are being made aware of a property rule that can result in a hefty £100,000 fine if ignored. Around half a million homes in the country are said to need costly work doing to them to ensure they comply with an Environment Agency rule, but many people aren't aware that the regulation exists.
Property experts are now warning homebuyers of an updated regulation which has big financial and environmental repercussions if not complied with. In January 2015, a new regulation came into force that relates to septic tanks and the way that they discharge waste, their state of repair and the suitability of their size.
Around 500,000 homes in the UK, particularly those in rural areas, are said to use a septic tank - which is an underground chamber where household sewage flows through. The new rule was designed to help minimise the environmental impact of sewage on UK rivers and other waterways.
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Homeowners using septic tanks were given until January 2020 to upgrade them, but experts are now warning that many have not yet done so because they are either unaware of the rule, or they have put it off due to the cost - which can be as much as £20,000.
According to Gov.uk, you are a responsible for a septic tank if you own a property that uses the system, your property shares the system with other properties (you are jointly responsible) or you have an agreement with the owner of the property that you are responsible for the system, for example you’re renting and it’s in your tenancy agreement.
Devon, North Yorkshire, Cornwall, Somerset, Shropshire and Cumbria are all understood to be potential hotspots for homes with septic tanks in England, although experts believe there are non-compliant properties all over the UK, says Been Let Down.
The experts explain: "Solicitors who are managing the sale of a property are expected to notify the buyer that the property has a septic tank and tell them about the new regulations.
"It’s then up to the buyer to check if the septic tank meets regulations and either replace/upgrade it, or ensure the owner is aware this needs to happen, as a condition of sale.
"However, many conveyancers aren’t aware of the regulations themselves, leaving buyers and sellers at risk of unexpected upgrade costs, a reduction in their property value, or even a potential £100,000 fine from the Environment Agency."
Failure to comply to the rule could result in a fine of up to £100,000 from the Environment Agency, or in some cases, up to three months in prison if convicted in a magistrates’ court.
A solicitor failing to notify the buyer is considered an act of conveyancing negligence, and the owner affected by this mistake may wish to claim for compensation.
Tony Hill, Head of Professional Negligence at Been Let Down explains: “This is a growing issue, and something that we believe more homeowners need to be made aware of.
"In this instance, negligence occurs when the conveyancer (the solicitor handling the purchase) doesn’t tell the buyer about the new regulations. Letting a buyer know about the regulations could be as simple as a standardised sentence in terms and conditions or a check list, so the issue really is easily avoidable.
"We’re finding that a lot of solicitors don’t know about the law-change though, and some are therefore being unintentionally negligent as a consequence.
"For those affected, typically a claim must be made within six years of purchase of the property with a defective tank.
Getting septic tanks updated in line with the regulations is important, as non-compliant tanks can have a bigger environmental impact, Tony added: "Not only do non-compliant septic tanks pose individual financial risks to homeowners, but they could also have a wider spread impact on the health of our waters, including rivers and lakes.
"In some areas, the deteriorating quality of surface water has potential for long-term social impacts and could well affect the likes of tourism and property prices in those areas."
If you’re looking for more information on septic tanks, you can visit this page.
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