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Sale Agreed - house has no percolation

  • 10-10-2019 1:16pm
    #1
    trigger26
    Registered Users Posts: 332 ✭✭


    Hi folks

    We've gone sale agreed on house in country side, I've found out there is no percolation area off the sewage pit which is a major concern. No one is in the house at present and it was very lightly used over last few years. House is circa 50 years old. From what I've looked at, I will need planning and a new treatment/ percolation area, I'm thinking round 10k to fix this.

    I'm looking to see what my options are, I haven't got my own engineer in to look yet till contracts from vendor are sent over. I am borrowing for this and I'm concerned bank will reduce mortgage or withdraw, things are tight as it is and it is a lovely family home.

    Do I flag this now with EA and look for vendor to reduce price pre contract stage or highlight it at the contracts stage through my engineers report?


Comments

  • #2
    Lumen
    Registered Users, Registered Users 2 Posts: 31,141 ✭✭✭✭Lumen


    You might want to get this moved to Construction & Planning.

    AFAIK there is no requirement for old waste water systems to comply with current regs, but upgrades are usually required when any significant development is done (or when the system is replaced, under certain circumstances).

    This needn't, therefore, be an impediment to the sale unless you choose it to be, and the vendor is quite within their rights to not move on price and sell it to someone else if you don't like it.

    I believe that the septic tank has to be registered for the sale to proceed.

    https://www.lawsociety.ie/Solicitors/Practising/Practice-Notes/New-duties-in-the-sale-of-properties-with-wastewater-treatment-systems-/

    "Under section 70D of the act, a person who sells a property connected to a domestic waste-water treatment system (as defined in the act) including, but not limited to, a septic tank, will be obliged on the closing of the sale to furnish a valid certificate of registration in respect of the treatment system to the purchaser."

    On the other hand, that page also says:

    "Under section 70C, there is an obligation on property owners to ensure that a system does not constitute, and is not likely to constitute, a risk to human health or the environment and, in particular, does not create a risk to water, air or soil, or plants and animals. There is also a duty not to create a nuisance through noise and odours."

    ...which possibly contradicts what I wrote above. What does your solicitor say?


  • #3
    trigger26
    Registered Users Posts: 332 ✭✭trigger26


    Thanks for that info Lumen, I didn't know they had to have the tank registered for a sale.

    I haven't spoken to my solicitor on it yet but I will raise this and the points you highlighted. There is a private well very close to the septic tank so I'll need to look at the risks with that too where there is no percolation.


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