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Buying house - Septic Tank No Access.

87 replies

AndyBerrick84 · 07/10/2024 14:47

Hello

I’m reaching out to see if anyone has been in a similar situation or could provide some general advice regarding a property we’re looking to purchase.

We are currently in the process of buying a charming terraced house and have come across a challenge involving an old septic tank located in the back garden, which appears to have been constructed in the 1960s using concrete blocks. While we are not overly concerned about the functionality of the tank itself, we have encountered a significant issue: there is no direct access to the tank should it require replacement.

With two adjoining neighbors, it is unfeasible to bring in machinery from the sides. The only potential access point would be from the rear of our garden, which adjoins another neighbor's property; this would necessitate their approval and is likely to cause disruption to their garden. Furthermore, replacing the tank could incur expenses exceeding £20,000, particularly as we would need to employ a crane for the task. Unfortunately, connecting to the mains sewage system is not a viable option for us.

We have requested that the seller arrange for a structural survey of the tank to evaluate its current condition and ensure compliance with local regulations. While this may offer some degree of reassurance, we remain concerned about the possibility of the tank failing during our planned ten-year residency.

Should the survey reveal that the tank is non-compliant or shows indications of deterioration, would it be justifiable to request that the vendor replace the tank with a more contemporary system? Alternatively, do you believe it would be prudent for us to reconsider proceeding with this acquisition, given the access limitations to the tank?

I really appreciate any insights or experiences you could share regarding this matter.

Thank you for your help!

OP posts:
AndyBerrick84 · 07/10/2024 15:41

TomaytoTomaato · 07/10/2024 15:35

How wide is the pathway that's used when getting it emptied?

We recently had a sewerage treatment plant put in and a mini digger was able to use our narrow pathway to access our garden. You can get ones that measure only 72cm wide.

Wide enough for a wheelbarrow, the hose has to go over a neighbor's fence I believe.

OP posts:
Diyextension · 07/10/2024 15:42

AndyBerrick84 · 07/10/2024 15:00

It's digging hole deep enough to put any new one is that is the issue. No quite doble by hand

Anything is doable by hand ……….

mumda · 07/10/2024 15:44

Diyextension · 07/10/2024 15:42

Anything is doable by hand ……….

For a price.

AndyBerrick84 · 07/10/2024 15:50

TotallyShocked · 07/10/2024 15:38

You could probably crane a mini digger in with no problems. Our side gate is just wider than an adult bike handlebars - but big enough for a mini digger.

In fact, with precaution, you might be able to get a mini digger through the house?

As you can see (house circled in red) there's no possible way to crane a digger other than through the back which is through the neighbours garden/drive and knocking down the fence/trees. 😫

Buying house - Septic Tank No Access.
OP posts:
Barrenfieldoffucks · 07/10/2024 15:52

AndyBerrick84 · 07/10/2024 15:41

Wide enough for a wheelbarrow, the hose has to go over a neighbor's fence I believe.

They could probably get a narrow digger through then.

We are starting an installation tomorrow that has no real access bar a footpath that cannot be blocked, all doable.

Barrenfieldoffucks · 07/10/2024 15:52

And quite common.

JC03745 · 07/10/2024 15:56

Unfortunately, connecting to the mains sewage system is not a viable option for us

Sorry, not your question, but is this due to the cost of doing so, or there physically isn't a mains on your road?

AndyBerrick84 · 07/10/2024 16:00

See image attached, it's small path through the neighbours garden and then the hose is lifted over the fence into the septic tank - see orange line. No route for a digger

Buying house - Septic Tank No Access.
OP posts:
AndyBerrick84 · 07/10/2024 16:02

JC03745 · 07/10/2024 15:56

Unfortunately, connecting to the mains sewage system is not a viable option for us

Sorry, not your question, but is this due to the cost of doing so, or there physically isn't a mains on your road?

We doubt it would be possible due to how rural it is, and if it was, the cost would be astronomical, not something we could afford.

OP posts:
Whyherewego · 07/10/2024 16:20

But on the right side of the latest pic there is a gate and driveway leading to a car park. Surely you could request access via that to crane in a digger ?

taxguru · 07/10/2024 16:27

It will almost certainly be "non compliant" if it's that old so WILL need replacing. The vendors need to factor in the cost to discount the asking price or deal with it themselves.

I've just had a client got stuck in a similar situation where they bought a house with an old septic tank (circa 1950s/60s) and their solicitor didn't pick up on it. They just thought they had to empty it every couple of years. When it came to selling it a few years later, the buyer's solicitor flagged it up and insisted it was replaced with a compliant one. Client got quotes of £10-£20k for replacement! They couldn't afford it, so buyers pulled out. They're now in litigation with the original solicitor claiming compensation to pay for the replacement!

taxguru · 07/10/2024 16:29

TotallyShocked · 07/10/2024 15:38

You could probably crane a mini digger in with no problems. Our side gate is just wider than an adult bike handlebars - but big enough for a mini digger.

In fact, with precaution, you might be able to get a mini digger through the house?

From the picture, it looks like there are overhead cables alongside the garden, so that will prevent anything being craned in!

AndyBerrick84 · 07/10/2024 16:34

Whyherewego · 07/10/2024 16:20

But on the right side of the latest pic there is a gate and driveway leading to a car park. Surely you could request access via that to crane in a digger ?

That is the neighbors private drive way, and rightfully they could say no/or ask for payment to access the drive. They also have a fence and trees to the back of the garden where the boundary ends

OP posts:
amothersinstinct · 07/10/2024 16:38

In my experience anyone surveying it will say it's non compliant just by virtue of this age as no way will it be Up to current regs

amothersinstinct · 07/10/2024 16:40

A large enough crane however will be able to go over the top of the trees at the bottom of the garden

AndyBerrick84 · 07/10/2024 16:41

taxguru · 07/10/2024 16:27

It will almost certainly be "non compliant" if it's that old so WILL need replacing. The vendors need to factor in the cost to discount the asking price or deal with it themselves.

I've just had a client got stuck in a similar situation where they bought a house with an old septic tank (circa 1950s/60s) and their solicitor didn't pick up on it. They just thought they had to empty it every couple of years. When it came to selling it a few years later, the buyer's solicitor flagged it up and insisted it was replaced with a compliant one. Client got quotes of £10-£20k for replacement! They couldn't afford it, so buyers pulled out. They're now in litigation with the original solicitor claiming compensation to pay for the replacement!

We suspect, the engineers will reveal that the current setup is non-compliant.

It seems that the previous owner may not have performed adequate due diligence during the purchase, particularly as our solicitors found no information on the septic tank despite our inquiries.

I am genuinely curious to see how she intends to address these compliance issues and manage the necessary replacements. It is crucial for us that we do not end up covering the costs or finding ourselves in the same predicament should we decide to buy and sell the property in the future.

OP posts:
AndyBerrick84 · 07/10/2024 16:46

amothersinstinct · 07/10/2024 16:40

A large enough crane however will be able to go over the top of the trees at the bottom of the garden

That's under the assumption that the owners allow us access on their drive with the crane - there's no easement in the deeds that grants us permission. If they denied us access we'd have no way to replace? That's the biggest issue...

The cost to hire out a 20ft crane would be pricey

OP posts:
Blistory · 07/10/2024 16:50

Have you checked the deeds for the house at the back ? You might have a right of access showing in theirs even if not in yours

Whyherewego · 07/10/2024 17:14

AndyBerrick84 · 07/10/2024 16:34

That is the neighbors private drive way, and rightfully they could say no/or ask for payment to access the drive. They also have a fence and trees to the back of the garden where the boundary ends

Yes they can say no but you can also apply for an access order via court if they did. 1992 act.
A neighbours wanted access over a shared driveway (between my house and a few others), they are not one of the ones with rights on the driveway. We looked into it and decided it was not worth being horrible as in any case it would be granted via court and allowed them access as long as they were suitably insured and committed to make good any damage.

AndyBerrick84 · 07/10/2024 17:14

Blistory · 07/10/2024 16:50

Have you checked the deeds for the house at the back ? You might have a right of access showing in theirs even if not in yours

A right of access to a neighbor's land is usually included in the title deeds of the property that needs the access

OP posts:
Edwardandtubbs · 07/10/2024 17:25

We bought a place last year that had a non compliant tank and insisted the vendor had it replaced before we completed. It was £18k. It runs off into a ditch so I’m not sure what set up they would use with no run off?

The chap who put ours in took a good 12ft of hedge out to get his diggers in…

Blistory · 07/10/2024 17:26

AndyBerrick84 · 07/10/2024 17:14

A right of access to a neighbor's land is usually included in the title deeds of the property that needs the access

Usually but not always. It's worth checking the other title deeds if you're seriously interested in the property.

As others have said, even if the neighbours didn't consent to access willingly, there is scope for a Court Order given that it would be essential work. Only you can decide whether the access is a deal breaker but given that the area in question does not appear to be part of their garden, I'd have thought them granting you temporary access if needed wouldn't be a real issue for them.

eurochick · 07/10/2024 17:28

That's a tricky one. We moved into a house with an old septic tank. It cost about £20k to have it replaced with a modern sewage treatment plant. The process entirely wrecked the garden. They had to dig a massive hole for the plant, another massive area for the drainage field and cut a channel up to the house to install power. It looked like the Somme!

Saz12 · 07/10/2024 17:58

Depending where you are, but in Scotland if the tank is old enough (pre-1980?) it doesn't have to be replaced. Anything after that basically needs to be upgraded to a treatment plant to meet regulations before the house can be sold.
And they're very simple things - theres not much to go wrong with them...But if theres no way to install a compliant replacement it's quite a risk.

JC03745 · 07/10/2024 18:06

I realise people live in terraces and some don't have access like this house, but there are so many things that would be a PITA- other than the septic tank! What if the neighbour decides they don't want the shitter hose thing hanging over their fence and through their garden?
Traipsing things through the house would annoy me. New soil to refresh the garden beds, garden furniture and tools, a pergola or anything at all you wanted to put in the garden. Having just renovated, we have been lucky to have good access, so I can't imagine how people do it with going through the house only, or using expensive cranes?
Any other houses you like OP?