Navigating the Legal Waters of the General Binding Rules

Navigating the Legal Waters of the General Binding Rules

Are you among the vast majority of homeowners who utilize septic tanks and sewage treatment plants? If so, you must abide by the General Binding Rules to avoid the need for registration or permits for your discharges, provided you fit certain exemptions. The requirements for Wales have separate rules.

Understanding the Rules

In essence, the General Binding Rules mandate that you must maintain the sewage system and not cause pollution. You can access these rules on the Environment Agency section of the GOV.UK website:

General Binding Rules

Who is Exempt?

Generally, if you own a septic tank or small sewage treatment plant with a certain discharge limit, doesn't cause pollution, does not discharge to a groundwater source of drinking water and meets some additional requirements, you may not need to register for a permit from the Environment Agency. However, we recommend getting specialist advice to check for any exemptions.

What’s New Since 2015?

Since 2015, a deregulation of small sewage discharges introduced new rules reducing the need for householders to register and maintain records relating to sewage disposals from septic tanks or small sewage treatment plants.

What If My House Isn’t On The Main Sewer?

If your house isn’t connected to the mains sewer, your sewage will go to one of the various alternatives. These include a septic tank, small sewage treatment plant, a cesspool, or a non-standard system.

Owners of houses with septic tanks that discharge directly into ‘surface water’ may have to replace or upgrade the treatment system.

For more information, you should contact your surveyor, the Environment Agency, or an accredited service engineer or consultant.

What If I Have A Cesspool?

If you have a cesspool, you are not subject to the General Binding Rules or need to apply for a permit, but it must be maintained regularly.

What Does The 2020 Regulations Say?

The 2020 Regulations state that direct discharges from septic tanks to a surface water are not allowed. A replacement or connection to main drainage is required 'as soon as possible', usually within a year.

Buying a Property With a Septic Tank?

If you're buying a property with a septic tank, you need to consider the costs that may be involved in upgrading or replacing the septic tank. You can negotiate with the seller about the responsibility for the system's upgrade.

Selling a Property With a Septic Tank?

From 1 January 2015, an owner selling a property with a septic tank or small sewage treatment plant must provide the purchaser with written details of the wastewater system.

What Are the New Owner’s Duties?

As the new owner, you're responsible for ensuring that the sewage system complies with the General Binding Rules.

These are just some key points about the General Binding Rules. If you have queries or need more information, it’s best to contact a specialist adviser.