When you sell your house, you are under a legal obligation to disclose certain information to the buyer. Today, the old principle of caveat emptor or ‘buyer beware’ only reflects the legal situation to a limited extent. In Wales the seller’s responsibility to disclose information covers a wide variety of matters. Property boundaries, disputes with neighbours, flood risks and planning matters are all issues a seller must provide details of in The Law Society Property Information Form (TA6) which they are asked to complete by the buyer at the beginning of each conveyancing transaction.
The TA6 also has a section dealing with septic tanks, and in this article we discuss what information sellers of houses with septic tanks in Wales must provide to their buyer. The rules are complex and various regulations apply. Owners of properties in Wales are subject to slightly different regulations about septic tanks than owners elsewhere in the United Kingdom. It’s advisable therefore to get clarification of your position from a local conveyancing solicitor if you are selling a house in Wales that benefits from a septic tank.
What is a septic tank?
A septic tank is a tank buried in the ground that has an inflow of sewage from the house and an outflow from the tank. Septic tanks allow a safe disposal of wastewater and are popular in areas that have a poor drainage system or are off the mains sewage network. In many parts of Wales, particularly in rural areas, septic tanks have been used for generations to effectively manage sewage and wastewater. In recent years the potential for harm to the environment by old, poorly maintained septic tanks has become more apparent and regulations have been tightened.
Sellers Property Information Form and septic tanks
Question 12.5 of the TA6 asks if sewerage for the property is provided by a septic tank. Sellers are then asked to provide details of when the septic tank was installed, if it is shared with neighbours, how it is accessed and when it was last emptied and serviced. Links are provided to the environment agency website and to the regulations that apply if you have a septic tank.
What information do I need to give a buyer about septic tanks?
Since 1 January 2015, an owner of property with a septic tank is required to provide the purchaser with a written notice giving details of the septic tank system. The TA6 we’ve mentioned is the usual, most convenient place to provide this information.
In Wales all discharges to surface water or groundwater from septic tanks or sewage treatment systems must either have a permit or be exempt from the need to have a permit. This is not the case for properties in England where different rules apply. The reason for any exemption must be registered with Natural Resources Wales, and details of your registration should be provided to the seller. Our experience of handling conveyancing transactions over many years is that most Welsh domestic properties fall within the criteria for exemption from the need for a septic tank permit – provided the tank is not discharging waste water directly to surface water channels like ditches or streams.
Properties that aren’t exempt may instead install a small sewage treatment plant which essentially cleans the wastewater before it reaches the groundwater or surface water channel.
Other details that should be provided to the buyer include:
- A technical description of the system
- The location of the main parts of any treatment plant, drainage system and discharge point
- Details of any changes made to the system
- Maintenance instructions
- 5 years maintenance records.
What if my septic tank does not meet current standards?
Occasionally when a seller comes to complete Form TA6 they discover that their septic tank does not comply with the relevant regulations. This could happen when, for example, a house has been in the same family for several generations and rules were a lot less stringent when the property last changed hands.
In Wales the rules to consider are set out by National Resources Wales. Most importantly for sellers is the overarching rule that in Wales, septic tanks discharging directly to surface water are not permissible. In England septic tanks are permitted to discharge to surface water if they comply with a set of regulations called the General Binding Rules.
If your septic tank does discharge to surface water, then you will need to upgrade it to meet the required standards. Alternatively, if it’s feasible you may consider connecting to the mains drainage system.
Do I have to provide the information?
Completion of the Property Information Form is not mandatory. However in almost all conveyancing transactions it is carefully competed by the seller. If you do not provide the information requested in relation to septic tanks, it’s likely to raise a red flag to the buyer and your sale may be jeopardised. It is also crucial that you answer the questions on the Property Information Form accurately. Guidance on the form is clear. It states:
‘If you give incorrect or incomplete information to the buyer (on the Property Information Form (TA6) in writing or in conversation, whether through your estate agent or solicitor or directly to the buyer), the buyer may be able to make a claim for compensation or refuse to complete the purchase.’
Conclusion
If you have a septic tank, it is best to be transparent with your buyer and provide any details requested. Remember septic tanks have benefits that you can highlight, for example the fact that you are separate from mains drainage and not subject to the relevant water charges.
From a practical point of view it is essential to that you have all the data about your septic tank to hand to give to the buyer. If you do need to connect to mains drains or upgrade your septic tank for some reason this will be your responsibility. That said, in many cases we can negotiate with buyers to agree a financial contribution toward any costs associated with making your septic tank compliant with the rules and ensure your sale goes through.
Contact Us
Please call us on 01492 860420 or contact the team online to discuss any of the issues we have raised. Gamlins Solicitors LLP has a network of offices across North Wales, and we can arrange an in-person appointment at the office that’s most convenient for you or a remote appointment if you prefer.
