Planning Permission Issue : Septic tank

Kai

Hi, Im not sure if this is the best forum for this question so Mods feel free to move it if you think ill get a better answer somewhere else.

I am in the process of purchasing a house from my uncle. The house is completed apart from interior decorating. It is a newly built house and has a septic tank. As i have just found out on the planning permission the house was granted permission for a PureFlow system rather than a Septic tank.

Im quite close to exchanging on the house and this has just come to light and im wondering if its a major problem or something that can be sorted out quite quickly. Anyone have any ideas or can you point me in the right direction.

Victor

Moved from Accommodation & Property.

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This could create real problems - you could be the cause of pollution (fines up to €10m).

The council could also come along anytime in the next 7 years and insist it is fixed.

muffler

If it is a condition on the planning permission you will have to install a secondary waste water treatment system. There are loads of them out there but just make sure you get a site assessment carried out first to determine which type is suitable for your particular site and then ensure that the unit has an Agrement certificate.

I dont think the sale can go through (not legally anyhow) unless the planning conditions are complied with. There will always be the odd minor condition that we would overlook at times but this is one that will have to be complied with.

Kai

Apparently the Solicitor is saying i could sign a letter of consent which will say basically im happy with the current situation.

Is it not possible to apply for retention of the current system, or will it definetly need to be altered ?

muffler

Kai wrote:

Apparently the Solicitor is saying i could sign a letter of consent which will say basically im happy with the current situation.

Is it not possible to apply for retention of the current system, or will it definetly need to be altered ?

I think you need to change solicitors so.

You can of course apply for retention but before you do so you will need the site assessed for the application. I cant really see the PA overturning that condition though unless you can offer good reason why they should. In any event once there is a sale or transaction in place somebody (architect/engineer etc) will have to issue a certificate of compliance with planning permission so either way you have more work to do.

Installing a package plant could set you back about 3 or grand but if you are determined not to put one of these on site then you need to look at the legal aspects of things and how it will affect you now and in the future.

Just to note that we dont do legalities here.

ardara1

I've been told that the builder on my own site should have passed on to me a certificate from an indepenent body that assessed the grounds and passed them suitable for the particular septic tank system that was used - in compliance with planning notice? - is this correct? I've never seen one.

muffler

ardara1 wrote:

I've been told that the builder on my own site should have passed on to me a certificate from an indepenent body that assessed the grounds and passed them suitable for the particular septic tank system that was used - in compliance with planning notice? - is this correct? I've never seen one.

Depending on what county you are in and when you applied for planning permission you would be required to have a site assessment carried out and the report submitted with your planning application. This now applies to all Counties from June 1st, 2007 but some Planning Authorities insisted on this prior to that date.

When your planning permission is granted and if you have to install a package plant you will be requested to submit to the PA a copy of a 5 year maintenance agreement you would have with the firm who supplied and installed your package plant - this would not apply to a stand alone septic tank.

Even in the event that it was a single septic tank particularly of the pre manufactured type you should get a copy of the invoice or receipt as proof of purchase as with any product you would buy.

Victor

Kai wrote: »

Apparently the Solicitor is saying i could sign a letter of consent which will say basically im happy with the current situation.

If this is the uncle's solicitor, you are being taken for a ride. Make sure you have independent advice, especially with a family transaction.

Is it not possible to apply for retention of the current system, or will it definetly need to be altered ?

You could apply, but if the council wanted a specific system, they had a reason for wanting a specific system.