August-10-2015 in Property

Rachel Murray outlines the regulations surrounding domestic waste treatment systems and the consequences of not observing them.

The Water Services (Amendment) Act 2012 (“the Act”) and the Domestic Waste Water Treatment Systems Regulations 2012 (“the Regulations”) introduced a system of registration for septic tanks or similar domestic waste water systems. The Act provided that all domestic waste water systems should be registered by 1 February 2013 with a fee payable of €50.00 on registration. Owners should also be aware that there is an obligation to re-register such systems after a period of five years but there is no fee payable on the second or any subsequent registrations. New systems which have been installed or built after 1 February 2013 must be registered within 90 days of being connected.

Inspections

Since 1 February 2013, the Environmental Protection Agency has been carrying out inspections of domestic waste water systems. In the event that a system is scheduled to be inspected, the owner will receive 21 days’ notice of the inspection. Following the inspection, an advisory note will be furnished to the owner setting out any remedial works which may be required if the system is found to be in breach of the Regulations.

Should you wish to sell a property which is connected to a domestic waste water system, it will be necessary to provide a Certificate of Registration to the purchaser of the property. The certificate will provide confirmation to the purchaser that the system has been registered in accordance with the Act and the Regulations. Once the sale of the property has completed it is then the obligation of the purchaser of the property to notify the relevant water services authority of the change of ownership of the property.

Penalties

It is an offence under the Act to have a non-registered system and householders with non-registered systems could face fines up to €5,000. If you have not yet registered your domestic waste water system you should contact your local authority in order to do so.

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