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Septic Tank Regulations & Planning

  • 21-07-2013 3:29pm
    #1
    Reganovski
    Registered Users, Registered Users 2 Posts: 967 ✭✭✭


    We recently went "Sale Agreed" on a house renovated in 2005 and found out they didn't adhere to their 2005 planning permission.
    As part of their planning permission, they were to upgrade their sewerage treatment system to the standards that was there then however they did not. I'm not sure how old the treatment system is but I would imagine it's pretty old (>20/30 yrs).
    They are now willing to upgrade their system as set out in the 2005 planning even though this planning is now out of date and then proceed with the sale.
    They had offered €5k off the selling price which I rejected as I estimate the costs of doing the correct thing i.e. apply for planning permission and upgrading to the current standards to be closer to €10k (plus the annoyance of having to go through the hassle of this).
    I think they are under pressure to sell pretty quickly so I don't think they want to apply for planning permission themselves.


    I was looking for people's opinions of this issue.
    What's the right thing to do?
    If they upgrade to the 2005 standards without 2013 planning, how could it affect me if I get an inspection in 2/3 years lets say?
    What is the difference between what was set out in 2005 versus what they might have to do if they applied now for planning? (Probably hard to tell without knowing the full site details I suspect)

    Thanks for your help,
    Regan


Comments

  • #2
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    The difference between 2005 and 2013 is SR6 1991 was acceptable as the standard to construct your septic tank/treatment system to in 2005 but the present standard is the EPA's Code of Practice. You would need to carry out a Site Suitability Assesment to determine what system would suit that particular property.

    Carrying out works now to comply with a 2005 planning permission would be against the law and cannot be discussed further on this forum as it is against the forum charter.

    So, the property is not fully compliant with the 2005 planning permission, therefore there can't be a full Certificate of Compliance with the property, your solicitor can tell you the implications of this, it would be in the best interests of everyone involved that any anomalies in the planning are ironed out before the property can be sold.

    This means:
    1. Site Suitability Assessment,
    2. Planning Permission for upgrade of treatment system,
    3. Carry out the required works and get same certified.
    4. Up to date Indemnified Certificate of Compliance for the property.


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