Conveyancing: Private Drainage Implications for a Seller and a Buyer

Drainage for some rural properties is often very different to what you might be used to if you’ve been living nearer to a town. Some rural properties are not connected to mains drainage but instead are served by private drainage.

There are different types of private drainage systems. Typically there will be a tank such as a septic tank or sewage treatment plant, which runs either to a local ditch or watercourse, or to a soakaway system. If the property has a cesspit, this is essentially a holding tank for the waste, so there will be no pipework running through it.

Private drainage is surrounded by various rules and regulations that you must abide by if your property has one.

After all, a leaking septic tank or cesspit can allow raw sewage to escape into the local environment. So the rules are there to try to prevent pollution or to nip it in the bud quickly if it happens.

The Environment Agency’s General Binding Rules outline specific details that a seller must provide to a buyer of a property with private drainage. The seller must confirm exactly what private foul drainage system serves the property. The seller must provide a description of the treatment plant and drainage system, the location of the main parts of the treatment plant, drainage system and discharge point, details of any changes made to the treatment plant and drainage system, details of how the treatment plant should be maintained, and must also provide the maintenance manual if available.

A buyer must ensure that various questions are asked of the seller, including whether the system is shared with other properties, where is the system located, for example is it on land owned by the seller or is it on land owned by a third party?

A buyer should also ascertain when the system was installed, how the system has been emptied and maintained, where does the system discharge, does the system require an Environment Agency Permit, and whether or not the seller has experienced any issues with the system, particularly during wet weather.

A buyer of a property will be entirely responsible for all of the pipes, drains, covers and tanks which are within the property boundary and which serve the property from completion.

We advise clients who are buying a property with a private drainage system that it is essential that they obtain expert advice to ascertain the current state and condition of the private drainage system. It is very important to fully establish the cost of any necessary remedial works that are required immediately or are likely to become necessary in the future as once you exchange Contracts you will not be entitled to hold the seller to account for the costs of any defects in the drainage system.

A seller of a property with private drainage should be aware before they market their property that a private drainage system can often be a cause of strife when selling a property; with the drainage system sited underground often nobody will know what condition it is in, they can be expensive to repair or replace and some prospective buyers might see it as a potential liability.

Problems with a private drainage system can cause delays, reductions in sale price or in certain circumstances they can cause the sale to fall through. A prudent seller should keep records to demonstrate that the system has been appropriately maintained during the course of ownership of the property and consider engaging a specialist to carry out a survey of the drainage system to present to any prospective purchasers.

Thinking of buying a house with private drainage? 

Talk to us first. Our team of residential property experts are here to support you on your home buying journey. Whether it is a straightforward purchase or sale, you are looking at purchasing a property without mains drainage or a probate property, you can contact us for free initial advice on our property adviceline by calling 01761 414646. Alternatively you can contact us through our website.