Septic tanks are a very common feature of rural (and semi-rural) life in England and Wales. In places like Cornwall and Cumbria, for example, many homes are not connected to the mains sewer system. Instead, they rely on private drainage, often through a septic tank or sewage treatment plant.
Because septic tanks are heavily regulated and expensive to repair or replace, they are now a critical issue in property transactions. If a solicitor fails to advise a client properly about the legal or regulatory requirements of a septic tank before they buy a property, they may well be liable for professional negligence and the significant financial losses which the client sustains.
Why Septic Tanks are a legal risk
The Environmental Permitting (England and Wales) Regulations 2015 and equivalent devolved rules require septic tanks to meet strict standards. For example, since January 2020, it has been unlawful in England for a septic tank to discharge directly into a watercourse. This is a key environmental development in the law affecting conveyancing business when people are buying and selling houses and land.
Important risks include:
- Non-compliant tank systems – requiring costly upgrades or replacement.
- Serious neighbour disputes arising from tank defects – leaks, odour, or flooding into neighbours’ land.
- Future liability – fines or enforcement action from the Environment Agency, Natural Resources Wales, SEPA, or NIEA.
If a solicitor fails to identify or advise on these risks during conveyancing, the client is likely to face unexpected costs and legal problems.
How Solicitors’ Negligence Arises
Solicitors handling property transactions are expected to exercise due diligence around private drainage. Negligence occurs where a conveyancing solicitor acting for a purchaser :
- Fails to check whether the property is connected to mains drainage or a septic tank.
- Fails to ensure the seller provides a Fittings and Contents Form (TA6) disclosing drainage arrangements.
- Does not advise on the General Binding Rules or the 2020 ban on septic tanks discharging to watercourses.
- Neglects to recommend appropriate searches, surveys, or specialist inspections.
- Overlooks whether planning or environmental permits are in place.
- Fails to advise on the potential for enforcement action or compliance costs.
Showing Financial Loss in a Successful Claim Against Negligent Solicitors
To succeed in a professional negligence claim against a solicitor in these circumstances, the claimant must prove that a financial loss has been suffered such as:
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- The cost of replacing or upgrading the system.
- Expenses for repairs or emptying the tank.
- A reduction in the market value of the property because of the tank defects
- Legal costs of dealing with enforcement action or neighbour disputes.
These losses can arise at any time after purchase of the property, especially given the strict regulatory regime which applies and the powers of enforcement.
Evidence That Strengthens a Claim
The following categories of evidence are usually helpful when advancing a claim against negligent solicitors in septic tank cases:
- The solicitors’ conveyancing file: This includes correspondence, reports from the lawyer to the client on the property to be bought, the Fittings and Contents Form (TA6).
- Survey reports confirming the septic tank’s condition and its non-compliance with the rules.
- Financial documents, such as invoices or estimates for repairs, upgrades, or clean-up.
Remedies and Outcomes
If a septic tank negligence claim succeeds, the client stands to recover compensation for:
- The cost of replacing or repairing the system.
- Diminution in property value.
- Associated legal and professional fees.
- The costs of dealing with neighbour disputes
- Damages for regulatory fines or enforcement costs.
In these winning cases, payment of the compensation will be paid by the negligent solicitors’ professional indemnity insurers – all solicitors have to carry this insurance.
Possible Claims Against the Seller of the Property
When a septic tank proves to be defective or non-compliant after purchasing a property, it may also be possible to bring a claim against a seller who has given inaccurate information in the Fittings and Contents Form (TA6). If the condition of the tank has been stated as satisfactory, when the seller knew it was not, then a claimant may reasonably say that they would not have gone ahead with the purchase if the position had been correctly represented to them.
This is a real possibility to consider alongside the potential claims against solicitors and the same compensation will be available.
Closing thoughts
For many buyers in areas of England and Wales, septic tanks are a central part of property ownership. But where solicitors 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’ 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.