A septic tank claim can arise for a homeowner where they have been inadequately advised before buying a property in respect of environmental regulations and the need to make their tank compliant. We are here to cover the questions you may have with regards to septic tank claims.
What is a septic tank?
A septic tank is an underground chamber that separates and partially treats domestic wastewater. Solids settle as sludge, fats form scum, and the middle effluent layer leaves the tank for disposal via a properly designed drainage field (infiltration system). Unlike a package treatment plant, a septic tank provides only basic settlement, not full biological treatment. There are stringent environmental regulations which apply.
Where are septic tanks most common?
Septic tanks are most common in rural or semi‑rural locations without mains sewer access, especially older properties, larger plots, and homes sharing private drainage arrangements. This includes areas such as Cornwall, Devon, Cumbria and the Welsh countryside. In some of these areas, up to 20% of homes have a septic tank connected to their house.
What is a solicitor’s duty when conveying a home with a septic tank?
A reasonably competent conveyancing solicitor or licensed conveyancer should identify whether foul drainage is to mains or to a private system, scrutinise TA6 replies from the vendor and local searches, and give clear advice on the General Binding Rules (GBRs) for “small sewage discharges” published in 2015. The GBRs set conditions relating to proper system type and siting, use of a compliant drainage field for septic tanks, correct installation and maintenance, limitations linked to environmental sensitivity (e.g., proximity to surface waters/abstractions), and record‑keeping/servicing.
A key point has been the prohibition of septic tanks discharging directly to surface water (e.g., ditches, streams, rivers). Non-compliant systems must be upgraded (typically to a package treatment plant) or redirected to a compliant drainage field. Non‑compliance can result in enforcement, sale complications because a purchaser will generally (and if properly advised) be alert to the regulations, and significant upgrade costs. Evidence of compliance can include a designated discharge point, drainage field design (and relevant testing), and any maintenance/service records.
When does a claim arise?
A claim typically arises where the conveyancing solicitor or licensed conveyancer failed to make the necessary enquiries or to advise on the GBR changes and the compliance position, and where, with competent advice, the buyer would have negotiated remediation of the tank or a price reduction/retention, or not proceeded at all.
How long to bring a claim?
Limitation is commonly six years from the date of commitment to the purchase, however this can be longer in certain circumstances. Prompt professional advice should be sought to avoid complications or loss of the right to claim.
What is the financial loss to the homeowner?
Various losses can arise from a solicitor’s (or licensed conveyancer’s) failure to advise homeowners on their septic tank before they buy.
Loss very often arises when the homeowner comes to sell the home, and the septic tank is not compliant with the new rules. Significant costs could then arise to the homeowner because the prospective purchaser will either demand that the tank be made compliant at the homeowner’s cost or will insist upon a proportionate discount to the sale price. This can run into many thousands of pounds.
Another issue can arise from problematic neighbours, who are unhappy if waste is being discharged onto their land, if the land overlaps or if there are boundary disputes and this can lead to costly disagreements.
Finally – and worryingly – non-compliant septic tanks discharging to a watercourse are illegal and are subject to significant fines from the Environmental Authority.
What needs to be proven?
- In order for a successful septic tank claim to be brought, the claimant must show:
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- A duty of care owed by the conveyancer and a breach of that duty: failure to identify the private system, to advise on the 2015 GBRs and updating regulations, to obtain/assess compliance evidence, to recommend expert input, or to secure protections.
- Causation: with proper advice, that the clamant would have acted differently when buying the property (remediation costs to be paid by the seller, price reduction, or withdrawal from the deal).
- A loss: financial loss resulting – typically the reasonable cost of achieving compliance and related expenses.
What damages can be awarded?
- Below we look at what type of losses can be covered under a septic tank claim:
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- The cost of capital works: upgrading or replacing the system (often to a package treatment plant), installing a compliant drainage field, decommissioning the old tank, and reinstatement.
- Professional and regulatory costs: drainage engineer, surveys, permits, and planning input if required.
- Consequential losses: temporary facilities or accommodation during works, reasonable investigation costs.
- Diminution in value: if the cost of cure is disproportionate or works cannot reasonably be undertaken.
- Interest according to court rules.
Closing Thoughts
For many buyers in areas of England and Wales, septic tanks are a central part of property ownership. But where solicitors or licensed conveyancers fail to carry out proper checks or advise on very demanding legal obligations, clients can face significant financial and environmental liabilities.
A claim for solicitors’/conveyancers’ negligence provides a route to compensation if a buyer has been left out of pocket due to poor legal advice. Proving breach of duty and causation of loss, supported by evidence, is key to a successful outcome and requires prompt expert assistance from specialist legal advisers.
If you have been a victim of solicitors’ negligence regarding a septic tank, fill in an enquiry form on our website to see if we can help.