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Original poster

Will we get fined for oil tank?

42 replies

Beingseenisneedy · 03/06/2026 07:09

Hi, we're in Scotland and builder has put our oil tank in a wrong place, not on a slab or concrete base and with no planning permission.

It's wedged too close to back lf neighbour's shed and our own wooden shed.

FTB, which isn't a defence but as all the neighbours have tanks, one actually a wrongly installed one too, we didn't realise it would be an issue.

He's an experienced builder recommended by a colleague and yet somehow left out all this important bit.

Have read than if not reported for 4 years, it will then not be an issue, but we're both worriers and would always be on edge, so not an option to ignore.

Builder yet to finish other jobs, which he's also botched and want him out ASAP and get someone else to rectify tank situation as relations already at a low.

Issue now is the costs as can't afford to move it and apply for planning.

Would the council fine us for not getting planning first?

YABU - Apply for retrospective planning now, move it later.

YANBU - Get it moved first and then apply for planning.

OP posts:
Justbecauseyoucandoesntmeanyoushould · 03/06/2026 09:31

You need an OFTEC registered installer. Look at the regs yourself so you know how it should be installed - specific distance from anything that could catch fire (fences, sheds, plants) and the kind of base required. Far worse than a fine for poor installation would be an oil leak - that would cost many thousands to rectify.

Papster · 03/06/2026 09:29

Beingseenisneedy · 03/06/2026 07:09

Hi, we're in Scotland and builder has put our oil tank in a wrong place, not on a slab or concrete base and with no planning permission.

It's wedged too close to back lf neighbour's shed and our own wooden shed.

FTB, which isn't a defence but as all the neighbours have tanks, one actually a wrongly installed one too, we didn't realise it would be an issue.

He's an experienced builder recommended by a colleague and yet somehow left out all this important bit.

Have read than if not reported for 4 years, it will then not be an issue, but we're both worriers and would always be on edge, so not an option to ignore.

Builder yet to finish other jobs, which he's also botched and want him out ASAP and get someone else to rectify tank situation as relations already at a low.

Issue now is the costs as can't afford to move it and apply for planning.

Would the council fine us for not getting planning first?

YABU - Apply for retrospective planning now, move it later.

YANBU - Get it moved first and then apply for planning.

Our tank leaked involved an insurance claim of 50k.

Insurers told us horror story of oil leak going under neighbour’s tank. Owner had to sell house to compensated them (oil got under the structure).

If in wrong place your insurer could say policy invalid. Don’t take the risk

museumum · 03/06/2026 09:25

It’s definitely a health and safety issue. Read up on the regs and show the builder (maybe once the house is livable?). You might need to take him to a small claims court so read up on that too but if it was me I’d be tempted to get the house finished(ish) before escalating. But definitely don’t sign it off and there’s no point applying for pp if it breaks the safety regs.

MaggieFS · 03/06/2026 09:22

I can completely empathise with just wanting to be shot of a tiresome and ineffective tradesperson. HOWEVER, in the long run, you’ll be far better off if you just bear with it a bit longer and get this rectified now. She says, looking at the wonky paving slabs she didn’t think would be that bad.

DysmalRadius · 03/06/2026 09:21

A friend had a slow leak in their tank and it affected an underground water course. The environment agency got involved and there were potentially thousands of pounds of fines to be paid. You cannot ignore this.

WonderWeeksArentReal · 03/06/2026 09:20

Not sure if different in Scotland (I'm in England) but if your works need Building Regs signoff you probably won't get it if the tank is not properly sited (too close to structures/boundary etc).

We had our oil tank replaced recently and had to use a specialist company as general builders/plumbers wouldn't do it. Ours also had to be relocated as building regs had changed since the old one was put in - they built a massive slab plinth to put it on.

Somersetbaker · 03/06/2026 09:20

If it's a green plastic tank it's probably double skinned so doesn't need a seperate bund. It does need to be on a solid surface which must extend beyond the tank and there are rules about how close it can be to a boundary. The good news is unless it's absolutely massive it doesn't need planning permission. It does need a lock or some scrote will be round to nick your oil.

Original poster
Beingseenisneedy · 03/06/2026 09:15

Nolongera · 03/06/2026 08:56

I am assuming you have one of those 1000 litres plastic oil tanks that seem the norm in our village?

In the event of a fire they will burn an leak like chuff, I am not sure why you think that amount of burning fuel wouldn't stretch too much.

Get him to do it properly as you are paying for and get legal advice.

Show quote history

It's actually bigger than that.
Thought it meant just the oil leaking, not an actual fire. Yes, that's scary.

He's barely answering calls as it is and haven't heard from him for a week.

Just want him to finish the house as can't trust him to rectify the tank without more issues.

OP posts:
Nolongera · 03/06/2026 08:56

Beingseenisneedy · 03/06/2026 08:46

Eek, that's scary. The good thing in some sense is the leak would probably not stretch too much. It's a detached and neighbours on the side have raised ground than us and the one that backs onto us has the brick wall facing the tank.

Show quote history

I am assuming you have one of those 1000 litres plastic oil tanks that seem the norm in our village?

In the event of a fire they will burn an leak like chuff, I am not sure why you think that amount of burning fuel wouldn't stretch too much.

Get him to do it properly as you are paying for and get legal advice.

Original poster
Beingseenisneedy · 03/06/2026 08:47

Overthebow · 03/06/2026 08:03

If it’s not on concrete then if it leaks you could have a big problem. You need to get the builder back to fix it and do it properly.

Thank you. He'd said he'd put it on slabs then obviously didn't and as we had no clue, didn't challenge it.

OP posts:
Original poster
Beingseenisneedy · 03/06/2026 08:46

Thatsanotherfinemess1 · 03/06/2026 08:01

If it leaks for any reason (ours did during a fire) you may not be insured. Our insurance company had to pay to remove and replace all contaminated soil from our garden and our neighbours and it cost a fortune

Eek, that's scary. The good thing in some sense is the leak would probably not stretch too much. It's a detached and neighbours on the side have raised ground than us and the one that backs onto us has the brick wall facing the tank.

OP posts:
Original poster
Beingseenisneedy · 03/06/2026 08:44

Donotpanicoknowpanic · 03/06/2026 07:42

If this has just been done then surely the builder needs to fix it

Talk to him and see what he says

Else you will have to go to court

If you go to court you will probably win if this is something that has just been done

This needs sorting, regulations are there for a reason and it's not because they want to make Extra work and cost for everyone

We're at a point where just him finishing what's left to do in the house will be a huge achievement.

Adding this on will make him spiral and go off in a huff.

He's been doing a pretty straightforward job in the house but has clearly overbooked himself and it's taking way too long.

OP posts:
Original poster
Beingseenisneedy · 03/06/2026 08:42

IbizaToTheNorfolkBroads · 03/06/2026 07:48

What’s it on? is it resting straight on the ground? Without a base it will settle, damage the ground, maybe weaken the structure of the tank, misalign the pipe work and there is less buffer to environmental harm if there is a leak.

Is it at least bundled?

It's on gravel, which doesn't even look even.

OP posts:
Overthebow · 03/06/2026 08:03

If it’s not on concrete then if it leaks you could have a big problem. You need to get the builder back to fix it and do it properly.

Thatsanotherfinemess1 · 03/06/2026 08:01

If it leaks for any reason (ours did during a fire) you may not be insured. Our insurance company had to pay to remove and replace all contaminated soil from our garden and our neighbours and it cost a fortune

IbizaToTheNorfolkBroads · 03/06/2026 07:48

What’s it on? is it resting straight on the ground? Without a base it will settle, damage the ground, maybe weaken the structure of the tank, misalign the pipe work and there is less buffer to environmental harm if there is a leak.

Is it at least bundled?

Donotpanicoknowpanic · 03/06/2026 07:42

If this has just been done then surely the builder needs to fix it

Talk to him and see what he says

Else you will have to go to court

If you go to court you will probably win if this is something that has just been done

This needs sorting, regulations are there for a reason and it's not because they want to make Extra work and cost for everyone