Septic tank issue

harry789

Hi all,
I'am in the process of buying an old detached house. A large shed was built on the site in 2016, which had planning permission granted. A Certificate of Compliance with Planning Permission has been obtained.
The problem is although it states the structure is constructed and completed in 'substantial compliance' it goes on to state 'except with one of the conditions, whereby the existing septic tank and percolation area has not been upgraded'.
The vendor has stated that the septic tank was replaced 3 years before the shed was build and that they cannot put the matter any further.

The questions relating to the drawdown of the loan I have put to my solicitor.

The question here is what should I do next?

I believe upgrading the septic tank and percolation area will involve,
1. A 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 Certificate of Compliance for the property.

Should I request that a site suitability assessment be undertaken to find out exactly what work needs to be undertaken?

Any advice is appreciated.

shane b

Don't fully understand your post. If the shed is not for living in the septic tank shouldn't need an upgrade.
Is the shed habitable or does encroach on the percolation area?
I would find out what the septic tank being "replaced" 3 years ago actually means. Is it the actual physical tank, the biocycle unit if ones fitted, was the percolation area touched during the replacement? Etc

Poor Uncle Tom

harry789 wrote: »

Hi all,
I'am in the process of buying an old detached house. A large shed was built on the site in 2016, which had planning permission granted. A Certificate of Compliance with Planning Permission has been obtained.
The problem is although it states the structure is constructed and completed in 'substantial compliance' it goes on to state 'except with one of the conditions, whereby the existing septic tank and percolation area has not been upgraded'.
The vendor has stated that the septic tank was replaced 3 years before the shed was build and that they cannot put the matter any further.

The questions relating to the drawdown of the loan I have put to my solicitor.

The question here is what should I do next?

I believe upgrading the septic tank and percolation area will involve,
1. A 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 Certificate of Compliance for the property.

Should I request that a site suitability assessment be undertaken to find out exactly what work needs to be undertaken?

Any advice is appreciated.

Only buy subject to the septic tank system being upgraded as requested by condition of planning permission including SSA, planning application and upgrading works.

Remember enforcement action can be taken for non compliance with a condition of a planning permission up to 12 and a half years after the date of grant of the planning permission.

Metric Tensor

As above. Your solicitor should let the vendor's solicitor know that you will buy the house when this issue is corrected.

No discussion of tests, costs or anything else because they are irrelevant to you as you will be buying a compliant house when the issues are corrected.

The vendor will obviously try to avoid doing the necessary and may sell the house to someone else less diligent than yourself. That would be unfortunate but should not be something that forces you to take risks with the biggest purchase of your life.

If this isn't the biggest purchase of your life and it's property speculation/investment then you would approach things differently because you could afford a loss of money as a balance against a hopeful profit.

harry789

Hi guys,
Thanks for the replies ...
My solicitor raised the issue during the pre-contract queries. He noted that the condition had not been complied with and requested further information. He also stated that we require compliance with all planning conditions in order to certify title to the lending institution. That's when the vendor came back with the 'we cannot put the matter any further' comment as stated in the previous post.

Just for clarity, I am adding the condition as stated in the planning permission.

'The existing septic tank and percolation area shall not be built over or interfered with in the carrying out of the development and shall comply with the most up to date EPA guidelines for single dwellings and be replaced or upgraded if necessary to achieve these standards.'

ShaneB: I'am curious about this as well. I'd like to know what exactly the problem is. I considered contacting the engineer who issued the Cert. Of Compliance, but I'am not sure if this is a good idea or if he would have any time for me. This is why I considered the site suitability assessment.

Poor Uncle Tom and Metric Tensor: I hear what you guys are saying. It is the biggest purchase of my life. I will ask my solicitor to request further information again as there is a lack of clarity as to what exactly the issue is and to restate our requirement for full compliance.

It would be a real shame if it falls through on this.

Metric Tensor

Unfortunately house sales fall through all the time for just this sort of reason. It often takes a failed sale for the vendor to realise they need to sort the issue themselves before selling. That or they wait it out until a cash buyer arrives who doesn't care or isn't diligent enough.

Sorry that's no help to you though.

Edited to add: This is one of the downsides of a "seller's market" - in a different economic climate the vendor would be falling over themselves to appease you.

shane b

I would say the vendor built the shed and didn't do anything with the septic tank seeing it was "replaced" 3 years before.
The question becomes then did the septic tank/percolation area comply with the regulations at that stage?
If it did maybe there was no need to carry out upgrade works.
I would try and find out whether you have a basic septic tank or a more modern wastewater treatment unit. The treatment units generally have electronic pumps or blowers built in somewhere.
Also the percolation area is usually smaller too as the end wastewater would be generally cleaner.