Septic Tank Solicitor Negligence Claims

Expert Legal Support For Homeowners Affected By Non-Compliant Septic Tanks. Our Specialist Solicitors Have Recovered Over £150 Million In 17 Years Of Successful Negligence Claims.

Septic tank solicitor negligence occurs when your solicitor does not check that your septic tank has been upgraded to comply with the regulations, and because of this, you end up with the bill for required upgrading works.

A septic tank is an underground chamber that retains the sewage, allowing the solids to settle while the remaining liquid drains out into the ground. Because of the environmental risks, particularly if sewage is discharged into a watercourse, septic tanks are strictly regulated by the Environment Agency (EA).

If you bought your house after 1st January 2015 and later discovered that your septic tank system was non-compliant with the General Binding Rules for small sewage discharges, you may now face the full cost of required upgrades or replacement.

Septic tank legal issues like these can lead to significant financial losses. If your conveyancer or conveyancing solicitor failed to identify or advise you of these potential risks during the purchase, you may have a professional septic tank negligence claim against them.

Start your free negligence claim assessment today.

A septic tank solicitor negligence claim may arise if your solicitor does not make the right enquiries about your septic tank and/or does not tell you about the relevant standards your septic tank must reach to be legal.

From 1st January 2015, binding regulations required homeowners with a septic tank that discharges to surface water (a ditch, river, canal, etc.) to upgrade to a sewage treatment plant or install a compliant soakaway system by 1st January 2020.

If you bought a house with a non-compliant septic tank that discharges directly into a watercourse, your conveyancer or solicitor should have identified this issue and ensured it was addressed as a condition of sale – including who was responsible for replacing or upgrading the existing treatment system.

They should have checked whether the Seller had already upgraded the system to meet the General Binding Rules (GBR) and, if not, advised you before the exchange to:

• Arrange a professional inspection of the foul drainage system at the Property;
• Understand that the General Binding Rules set the legal minimum conditions for owning and operating the septic tanks;
• Be made aware that if the system is non-compliant, the cost of necessary upgrade works will fall on you after purchase.

Had you been properly advised, you could have required the Sellers to complete any required works before completion or negotiated a price reduction to reflect the costs.

In practice, many buyers are not properly advised, and the necessary enquiries are overlooked. As a result, you may have bought a house with a non-compliant septic tank — and if so, you could be entitled to bring a septic tank solicitor negligence claim.

Speak to a solicitor about your conveyancing experience.

Under UK septic tank law, property owners are legally responsible for ensuring that their system meets environmental regulations — and failure to comply can have serious legal and financial consequences.

General Binding Rules for small sewage discharges, introduced by the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014, set out the minimum conditions for owning and operating septic tanks.

The rules are clear: if your septic tank discharges directly to a watercourse, you must either:

• Connect to a mains sewer; or
• Install a drainage field (also known as an infiltration system); or
• Replace your septic tank with a small sewage treatment plant

While your solicitor is not responsible for inspecting the physical condition of the septic tank system, they are expected to make the necessary enquiries and check documentation to confirm that the system complies with the General Binding Rules before the purchase is completed.

If your septic tank is non-compliant, the Environment Agency can issue an enforcement notice and may fine you up to £100,000.

You may be at risk if you’ve discovered that:

• Your septic tank is not compliant, and you now have to fund the cost of installing a sewerage treatment system or drainage field;
• There’s no available space on your property for a compliant private drainage system, and your only option is connecting to the public sewer;
• The non-compliant septic tank is located on your neighbour’s property, creating a shared septic tank dispute;
• You have no legal right of access to your neighbour’s land to carry out the required works.

If you’re now facing one of these issues and have a septic tank problem you were never warned about, you may have grounds for a professional negligence claim against your solicitor.

Think your solicitor failed to warn you about septic tank rules? Contact us for a free case review.

If your property shares a septic tank system with a neighbour, legal complications can arise — especially if there’s no formal agreement in place.

Shared systems can lead to disputes over maintenance responsibilities, access rights for repairs or upgrades, and who pays what. If your solicitor failed to flag these risks or check for a valid easement or cost-sharing arrangement when you bought the property, they may have been negligent.

Common issues include:

• No legal right to access the tank (or neighbouring land) for essential maintenance
• No enforceable agreement requiring the other party to contribute to upgrade costs
• Unclear responsibilities when a shared tank fails to meet legal compliance

These are complex legal matters — but they should have been addressed by your conveyancing solicitor at the point of purchase. If they weren’t, you may have a claim for solicitor negligence.

Discover your legal rights in shared septic tank disputes.

If your septic tank discharges directly into a watercourse, you must act — and fast. Understanding common septic tank problems and solutions is essential to staying compliant and avoiding high costs.

The General Binding Rules require that you take one of the following actions as soon as possible:

• Connect your property to a mains sewer;
• Install a drainage field (also known as an infiltration system) allowing discharge to ground;
• Replace your septic tank with a small sewage treatment plant.

These options address the most common septic tank problems caused by non-compliance with environmental regulations. However, the right solution depends on the layout and location of your property.

You’ll need to:

• Speak to several drainage companies;
• Compare quotes and expert recommendations;
• Choose the most cost-effective and sustainable option.

You have what’s known as a duty to mitigate your losses — which means acting reasonably and proportionately to reduce the impact of the problem. This is something we’ll discuss with you in more detail once a solicitor is appointed to handle your claim.

Typical Cost Ranges:

• Small sewage treatment plant: From £8,000 + VAT
• Drainage field installation: From £6,000 + VAT (often more)
• Connection to mains sewer: Can be up to £40,000 + VAT or more

The exact costs will depend on your property and local conditions. These are rough estimates based on our experience with past claims.

If you’re unsure which solution is right for you, or you’re overwhelmed by these costs, we can help you explore your legal options — especially if these problems only came to light after purchase.

Get advice on the most cost-effective solution for your situation. Contact us today.

• Step 1: FREE ELIGIBILITY ASSESSMENT (DAY 1)
  We will take your initial instructions, and the information will be passed to one of our partners. We will read and consider your paperwork, carefully check the law and facts relating to your claim and assess the merits of your case. If your case passes this initial eligibility assessment, then we will pass your case to one of our senior solicitors who will have years of experience with similar cases to yours.
• Step 2: FREE INITIAL CONSULTATION (WEEK 1)
  Free, no-obligation consultation with a specialist solicitor. Our solicitor will discuss your case with you and seek further instructions to give you a realistic view of your chances of success. We’ll explain your funding options, including the scenarios where your case might qualify for our No Win, No Fee Agreement.
• Step 3: EVIDENCE GATHERING & CASE BUILDING (WEEKS 1–4)
  We will help you gather all relevant documents, including contracts, communications, and financial records. Third-party expert opinions may be sought to support your claim (e.g. from surveyors, accountants, or financial specialists). We will begin to quantify your financial losses and build a clear, evidence-based case. If your case still passes our merits test, we will offer you our No Win, No Fee Agreement.
• Step 4: PRE-ACTION PROTOCOL (MONTHS 2-6)
  We follow the Pre-Action Protocol for Professional Negligence in order to keep your case on the right legal track. We will prepare and send a formal Letter of Claim to the negligent party. You’ll be informed of expected timelines; under the Protocol, the negligent party will have up to a maximum of 3 months and 3 weeks to provide a formal Letter of Response. We will explain your options to you at all times, keep you informed and explore early dispute resolution with the negligent party before taking further steps.
• Step 5: NEGOTIATION & DISPUTE RESOLUTION (MONTHS 3-9)
  Our solicitors negotiate directly with the other party or their insurers to seek a fair settlement. We’ll consider mediation or other forms of alternative dispute resolution (ADR) where appropriate. You’ll be supported and guided throughout the process, with full representation from our experienced solicitors.
• Ongoing Client Communication
  Throughout the entire process, you’ll receive regular updates, clear guidance, and fast responses to any queries. Your dedicated solicitor will be your main point of contact from day one to resolution.

Ready to start your claim? Contact our team today for expert guidance through every step of the process.

We understand that negligence victims have already lost money — so we offer a “No Win, No Fee” Agreement.

What This Means for You

• If we don’t win, you owe us nothing.
• If we succeed, our fees are based on a regulated percentage.
• No upfront costs.
• Full legal representation, if required.
• 14-day cooling-off period—change your mind anytime.

Speak To A Solicitor Now About Your Recovery Options – No Win, No Fee!

Yes — if your solicitor failed to take the steps that a reasonably competent solicitor should have during your property purchase, you may be able to claim compensation. We can investigate whether you have a valid case for septic tank solicitor negligence.

Usually, house insurance does not cover the cost of bringing a septic tank up to legal standards. However, it’s worth checking your individual policy, as coverage can vary between insurers.

The most common issue is an illegal discharge into a watercourse, such as a stream or river — a direct breach of the General Binding Rules.

It’s not illegal to sell such a property, but your solicitor should have made proper enquiries and ensured you were informed. If they failed to do this, they may be liable for professional negligence.

The General Binding Rules under the 2014 Regulations set the legal standards for septic tank ownership and operation. Discharges into watercourses are now banned, and failure to comply can result in enforcement action and significant fines from the Environment Agency.

We offer a free, no-obligation consultation to help you understand your legal options. Our experienced team handles professional negligence claims across England and Wales and will provide honest, practical advice from the start.

• Call us on +44 808 1697 109 (Mon–Fri, 9am–5pm)
• Email: [email protected] – we respond to all enquiries on the same day.
• Serving clients across the UK.

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