Septic tanks and private drainage

There are some important differences between a cesspit and a septic tank. A cesspit has no outlet but must be regularly emptied either by the local authority or by a private contractor.

Cesspits are sealed systems with no discharge into the environment, they do not need to be registered with the Environment Agency, whereas septic tanks drain clarified water out of the system and either into a soakaway or a watercourse.

The cesspit or septic tank may either be located within the boundaries of the property you are purchasing or may be located within the boundaries to a neighbours’ property and could be exclusively used by the property you are purchasing or used in common with other nearby properties.

If the septic tank is located on a neighbouring property, investigations will need to be made to ensure that there is a right for you to drain effluent into the septic tank through the system and to discharge clarified water out of the system, together with a right for the clarified water to discharge into either a soakaway or watercourse.

There will also need to be adequate rights for you to be able to go on to your neighbours’ land to have the septic tank emptied, repaired and maintained.

If you are considering buying a house which either has a private road, private water supply or shares a septic tank with your neighbours or a house which all of these private services then you will need to be certain that you have all the necessary rights to use them.

You will also need to have the assurance of knowing that your neighbours are also under an obligation to pay a contribution towards the maintenance of these services.

If the septic tank is shared with a number of properties there may be a management company or an active residents’ association in place to deal with any maintenance issues and your solicitor can advise you on how it works and what rights and obligations you and your neighbours have.

There should always be legal obligation placed upon you and your neighbours to pay a contribution towards any costs.

This may be calculated by way of a percentage contribution depending on the number of properties using the septic tank.

A well-run management company or residents’ association will impose an obligation upon all of the residents to pay either monthly or yearly contributions towards the upkeep of a septic tank and may even put aside any surplus funds aside to go towards any future major works that may be required. For example, if a new septic tank was required.

In view of the fact that a septic tank will drain either into a soakaway or a watercourse, then your solicitor will need to check whether the septic tank needs to be registered with the Environment Agency.