Landlord Legislative Update May 2019 Residential Landlord Update for joomag | Page 7

SEPTIC
TANKS
IS YO U R P R I VAT E D R A I N A G E 20 2 0 R E A DY ?
Owners of properties which do not have mains drainage need to be aware that a deadline for compliance is approaching, which
may affect their property.
The legislation is aimed at preventing the discharge of pollutants into water courses and there is a deadline of 1 January 2020
for making changes to private drainage to ensure that no septic tank discharges directly to a surface water (stream, ditch, river,
for example).
The impending deadline is already throwing up problems with property sales as conveyancers ask detailed questions, but
owner occupiers and landlords should also take action.
Failure to comply with the regulations could result in a fine of up to £100,000, depending on the severity of the pollution and
the extent of non-compliance. The Environment Agency is able to pinpoint sources of pollution and may look to undertake
proactive surveys, so point of sale of a property is not the only time at which non-compliance could become an issue.
For the avoidance of doubt, it is the owner of the septic tank or sewage treatment system that has the duty to comply with these
rules, rather than the tenant or other occupier.
A R E YO U CO M P L I A N T ?
If your system was installed in or after 2015, then it should carry EN12566-3 certification, which means it complies with all
requirements and is, therefore, legal and safe to discharge into a watercourse and no action should be required.
The regulations govern the siting of any system, the design of the system, the way in which it discharges and the maintenance
of the system. It should be noted that there are no blanket exceptions for older systems and any that discharge directly into a
water course, or other surface water, will need to be addressed.
Septic tanks and sewage treatment plants that currently discharge via a field drainage system should also be compliant with
the majority of the requirements, but this does need to be verified.
There are provisions for permits to discharge if compliance is difficult, but Environment Agency advice presently states that
these will only be granted in exceptional circumstances.
W H AT T H I S M E A N S F O R YO U
1. If you have a septic tank the key question is “Does it have a drainage field (also known as an infiltration system)”? This is a very
specific system of pipes over drainage stone. It is not necessarily the same thing as a soakaway; the terminology is not exact.
2. If it does have a drainage field you may be compliant if all other requirements are met, whether you are discharging to
ground or to a water course. If it does not, you will need to take action.
3. If you have a small sewage treatment plant the design and location of the plant are the relevant factors.
The full checklist is available at https://www.gov.uk/permits-you-need-for-septic-tanks/general-binding-rules
LANDLORD LEGISLATIVE UPDATE 2019 • 5