Can I Sell My House with a Failed Septic System?
Selling a house in the UK is stressful at the best of times, but doing so with a failed or faulty septic system can take things to the next level.
The good news is that you can sell a house with a failed septic system. However, you have a few legal obligations to consider as the seller. Let’s take a look at them.
What is a septic system?
When a house can’t be connected to the main sewerage system, a septic tank provides an underground, watertight storage option.
Typically made from plastic, fibreglass, metal, or concrete, septic tanks are supported by a network of submerged pipes buried in trenches or beds.
Wastewater flows into the septic tank. Solids settle while bacteria break down organic matter. Effluent drains into a drain field. You must enlist specialists to remove sludge from your system regularly.
What are the signs of a faulty septic tank?
If you’re selling a house with a septic tank, you’ll need to ensure the system is in good condition and full working order before listing your property.
The Department for Environment, Food, and Rural Affairs (DEFRA) has published a detailed document outlining the rules governing septic tanks in England and Wales.
It’s always best to hire specialists to thoroughly inspect your property before listing it for sale. However, there are some tell-tale signs of septic system problems:
Water draining slowly
Are your drains, toilets, and showers taking an unusually long time to drain? If so, this might suggest there’s a blockage somewhere in your septic system.
Bad smells
If you notice a foul smell around your septic tanks, in the drain field, or inside your home, you may have a leak, an overflow, or insufficient venting.
Excessively soggy ground
Large pools of water in the drain field and particularly soggy ground are signs of potential septic system faults. The tank may be full, or the field itself may be the issue.
Strange sounds
If you notice consistent gurgling noises coming from your sinks, toilets, baths, or showers, there may be a blockage or defect that’s preventing water from running away normally.
Visible sewage
When you notice sewage near your septic tank, it’s time to get it checked out. This could be a sign of a full tank or a serious defect.
Excessive plant growth
Green vegetation thrives on the nutrients provided by the contents of septic tanks. If you notice a sudden increase in your drain field, a faulty system may be the cause.
Can I sell my house with a failed septic system?
Yes. However, you must comply with specific regulations for as long as the property is legally yours. They’re called the General Binding Rules (GBR), and they relate to small sewage discharges in England and Wales.
If the following obligations are met, homeowners don’t need environmental permits to discharge small amounts of domestic sewage.
- Sewage must not pollute surface or groundwater
- Only domestic sewage can be discharged
- The septic system must be maintained regularly by a licensed waste carrier
- Septic tanks must be decommissioned, emptied, and cleaned if the property is vacant
- When selling the property, the vendor must provide the buyer with written details about the septic system and its specific maintenance requirements
- New septic system discharges in England are not permitted under the General Binding Rules if a public foul sewer is within 30 meters of the property’s boundary, unless you have a permit from the Environment Agency.
As the property owner, you can receive an unlimited fine and be held liable for any cleanup costs if you fail to comply with these requirements.
In Scotland, the Scottish Environment Protection Agency (SEPA) is responsible for the General Binding Rules. The legislation is similar, but all septic systems must be registered.
Disclosing details of your faulty septic tank when selling your house
You are legally obligated to provide accurate and truthful information about your property as a seller. Misrepresentation opens you up to the possibility of legal action, the payment of significant compensation, and the cancellation of the transaction.
But there’s also a moral responsibility at play. Imagine you’re buying a house with a septic tank. Wouldn’t you expect to be informed about a failed septic system before you make an offer? It’s just the right thing to do.
As well as GBR, you must also comply with the Consumer Protection from Unfair Trading Regulations 2008. This legislation stipulates that you must not mislead a buyer by withholding known material facts.
In other words, if there’s a problem with a property that would affect its market price, you must disclose it. If you don’t, the buyer is well within their rights to sue you.
Disclose details of any problems on your Property Information Form (TA6) in England and Wales or your Home Report’s Property Questionnaire in Scotland.
Selling a house with a shared septic tank
Even if the shared septic tank is in good condition and working properly, you will still need to disclose details of its presence, location, condition, and maintenance arrangements.
You must also present the buyer with a Shared Septic Tank Agreement. This formal contract stipulates each party's responsibilities and who is responsible for maintenance costs.
How might a failed septic system affect your negotiations?
This all boils down to the cost of repairing or replacing the system. You might choose to get the work done before listing your property for sale to maximise your sale price. But what happens if you don’t have the cash for such a big project?
Your other option is to negotiate with the buyer on the basis that the property will change hands with a failed septic system. You will likely receive significantly less, but you can leave the cost and hassle of fixing the problem to the buyer.
While you can sell a house with a failed septic system in the UK, navigating the sale while upholding your legal responsibilities might be challenging. We can handle your house sale with a failed septic tank.
Our panel are experienced, efficient, and on hand to help make your home move better. Get a free, fixed-fee quote today, and if your sale falls through, you'll be protected by our no-sale, no-fee guarantee.
- Expert panel of conveyancing solicitors, with local knowledge.
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Caragh is an excellent writer and copy editor of books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey, property law and mortgage-related articles.
Andrew started his career in 2000 working within conveyancing solicitor firms and grew hands-on knowledge of a wide variety of conveyancing challenges and solutions. After helping in excess of 50,000 clients in his career, he uses all this experience within his article writing for SAM, mainstream media and his self published book How to Buy a House Without Killing Anyone.
