Conveyancing, house with septic tank

MillyD123

Hi there,

Is there a new requirement to have a septic tank certified when selling a house. I was told this recently by a vendor for waste water treatment system. Just wondering if this is true what this entails exactly.

Thanks in advance.

Sarah 1111

MillyD123 wrote: »

Hi there,

Is there a new requirement to have a septic tank certified when selling a house. I was told this recently by a vendor for waste water treatment system. Just wondering if this is true what this entails exactly.

Thanks in advance.

Certified or registered? Or both? My understanding (as a potential buyer) is that you won't get a mortgage if the septic is not registered and within regulations (presumably that's what they mean by certified). However if you have a cash buyer then its up to them whether to risk it and buy or not. Also if it is inspected at some point in the future and the septic fails the new buyer won't get a grant to fix it because the previous owner did not register it. So, if you are vendor, it could limit who you will sell to.

But I would be interested in confirmation that that is correct...

GM228

You (the seller) are legally required to have a Certificate of Registration when selling as per S70D of the Water Services Act 2007 and present it to the purchaser, the purchaser must then update the Registration.

70D  (1) A person who, on or after the prescribed date, sells a premises connected to a domestic waste water treatment system, shall on the completion of the sale, furnish a valid certificate of registration in respect of the treatment system concerned to the purchaser of the premises.

Victor

A lot of septic tanks systems were shoddily built are were under-maintained. You would be well advised to have an engineer inspect it.

listermint

Victor wrote: »

A lot of septic tanks systems were shoddily built are were under-maintained. You would be well advised to have an engineer inspect it.

Be also very careful with septic tank vendors . They will find no existent faults and sell you their system.

Get a non affiliated engineer

Sarah 1111

Is it illegal to sell a house with an unregistered septic tank? Or legal to sell (buyer beware) but you won't get a mortgage? I am thinking of old houses that would need fairly extensive renovation anyway.
Edit - Sorry, I have just read through that link to the regulations and it appears that yes, you must register the septic before the sale can be completed.

Back to the original question by MillyD123 - so am I right in thinking that it must be registered before a sale can be completed but not necessarily certified as compliant with the new regulations? However, if not certified as compliant as well as registered, you will not get a mortgage?

Pat Mustard

Sarah 1111 wrote: »

Back to the original question by MillyD123 - so am I right in thinking that it must be registered before a sale can be completed but not necessarily certified as compliant with the new regulations? However, if not certified as compliant as well as registered, you will not get a mortgage?

These are separate issues.

As to the first issue, all that is required to register the septic tank is to go online and register it and pay a fee of €50.

The second issue is as to whether a lender will lend on the strength of the value of the property, if the septic tank is non-compliant with certain regulations. This issue is really about a solicitor's undertaking to a bank to deliver good, marketable title. Part of delivering good, marketable title is a requirement that the property is compliant with planning permission and building regulations. If the solicitor cannot deliver good marketable title as per the exact definition, he or she would have to qualify his/her undertaking to the bank and then the bank would have to make a decision as to whether to lend or not.

Where a property is not compliant with planning permission and/or building regulations, it is possible that a may bank may choose not to lend against the security of that property. However, if the relevant issue is drawn to the bank's attention, the bank may take a view on how much it would cost to rectify the situation in the context of the overall value of the property.

Therefore, for instance, if somebody wants to borrow €300k to buy a house worth €400k, if the septic is non-compliant and it would cost €10k to install a replacement system which would comply, the bank may decide that it still has sufficient security and it may decide to proceed to lend on the security of the property anyway. There would still be sufficient equity for the bank, in that situation.

Sarah 1111

Pat Mustard wrote: »

These are separate issues.

As to the first issue, all that is required to register the septic tank is to go online and register it and pay a fee of €50.

Ok, great thanks for that information re. bank. On the registration of the septic, if it was not registered before the deadline of February 2013 you cannot avail of any grant if it is inspected and fails. Do you happen to know if a new owner is also unable to claim the grant if it is inspected as it wasn't their fault that it was not registered in time...?

Victor

Pat Mustard wrote: »

Therefore, for instance, if somebody wants to borrow €300k to buy a house worth €400k, if the septic is non-compliant and it would cost €10k to install a replacement system which would comply, the bank may decide that it still has sufficient security and it may decide to proceed to lend on the security of the property anyway. There would still be sufficient equity for the bank, in that situation.

The problem with some septic tank systems is that the percolation area is on someone else's land, making it impractical or impossible to rectify.

Pat Mustard

Victor wrote: »

The problem with some septic tank systems is that the percolation area is on someone else's land, making it impractical or impossible to rectify.

If the neighbours cooperate, it is possible that they might grant a wayleave for the percolation area, which would resolve matters. But if the neighbours don't cooperate, there could be a major problem.

If people don't have the space for the percolation area and if the system doesn't comply, the local authority could decide to commence enforcement action. Things can go from bad to worse, at that point.

Pat Mustard

Sarah 1111 wrote: »

Do you happen to know if a new owner is also unable to claim the grant if it is inspected as it wasn't their fault that it was not registered in time...?

I don't know the answer to that question but if you ring these guys, they may be able to tell you:
https://www.protectourwater.ie/ContactUs.aspx

Failing that, a knowledgeable surveyor/architect/engineer who carries out these inspections regularly may be able to assist.

GM228

Sarah 1111 wrote: »

Is it illegal to sell a house with an unregistered septic tank?

Not per se, but it is an offence not to register the tank weather you are selling or not.