by Jackie Buckley May-01-2014 in Property
The system of registration for septic tanks came into operation on 31 March 2012 following the enactment of the Water Service (Amendment) Act 2012. The purpose of the Act was to monitor waste water discharges from all households that are not connected to a public sewer network. The Act provided that all domestic waste water treatment systems should be registered by 1 February 2013 and failure to do so will have implications which are set out below. It is the responsibility of the owner of the waste treatment system to register their system.
If you have not done so it is still possible to register your domestic waste water treatment system by logging on to www.protectourwater.ie or contact your local authority.
There is a registration fee payable of €50.00. It will be necessary to re-register after five years but you will not have to pay a fee for the second or subsequent registrations.
Environmental Protection Agency – National Inspection Plan
The National Inspection Plan was introduced in July 2013 by the Minister for the Environment. If the owner’s waste treatment system is due to be inspected they will receive 21 days’ notice. Following the inspection, if the system is deemed to be in breach of the regulations, the Water Services Authority will issue an advisory note setting out the remedial works which must be carried out so that the waste treatment system is no longer in breach of the regulations.
Since the inspections have commenced there have been high inspection failure rates in some parts of the country. In some areas local authorities are reporting up to 79% of septic tanks in their area have failed the inspection. A common reason behind the high failure rates is reported to be due to maintenance issues such as de-sludging the waste treatment system.
The Grant Scheme
A grant scheme is available for remedial work to be carried out when a waste treatment system fails inspection but this is only in cases where the system has already been registered. Unfortunately for those who register the waste treatment system after the deadline of 1 February 2013 they will not be eligible for the grant scheme if the system is found to need remedial work following an inspection. It should be noted that even though the owner may not have registered the system it is still subject to inspection.
For those who did register their waste treatment system prior to the deadline of 1 February 2013, the grant provided will depend on the household income thresholds as set out in the table below:
| Household income | Percentage of costs available | Maximum grant |
| Up to €50,000 per year | 80% | €4,000 |
| Between €50,001 and €75,000 | 50% | €2,500 |
| Over €75,000 | 0% | No grant payable |
As you will note from the table, a household with an income below €50,000 per year will be able to claim back 80% of the approved cost of any work required to remedy the defects up to a maximum of €4,000. For a household with an income between €50,000 and €75,000 they will be able to claim back 50% of the approved cost up to a maximum of €2,500. For the purposes of the grant scheme, approved cost means the actual cost or the costs estimated by the local authority to be reasonable costs of carrying out such works, whichever is the lesser.
What should an owner do?
If you have not yet registered your system, the first thing to do is to contact your local authority in order to register same as failure to do so is an offence. Following this, in order to avoid having to carry out remedial work following an inspection you should ensure the following:-
- Operate and maintain your system to ensure it is fit for the purpose and fully operational.
- Ensure that the system cannot pollute the environment by discharging or leaking waste anywhere it is not supposed to, that is, into the ground for any water source.
- Ensure that roof water or surface water run off cannot enter a domestic waste water treatment system.
- De-sludge the system at intervals appropriate to the tank capacity and the number of people resident in the premises connected to it.
New owners/New Domestic Waste Water Treatment System
New systems which have been installed or built after 1 February 2013 must be registered within 90 days of being connected. Again there will be a registration fee payable of €50.00 and if the owner fails to the register the system within 90 days they will not be eligible under the grant scheme.
Potential buyers should be aware that in purchasing a new property with a waste treatment system they should ensure the system has been registered prior to 1 February 2013 as otherwise they will not be eligible pursuant to the grant scheme. You will need to ensure that you obtain a Certificate of Registration from the Vendor.
Should you require any further information or advice in relation to this matter please do not hesitate to contact Jackie Buckley, Partner at jbuckley@hayes-solicitors.ie.
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About the Author
Jackie Buckley
Jackie is Head of the Property team at Hayes solicitors. She is a highly experienced adviser to clients in the banking, public and retail sectors on all aspects of the sale, purchase, leasing, development and financing of properties. She has extensive experience of advising landlords and tenants in insolvency situations and has advised in recent high profile examinerships.