The controversial new system for registration and inspection of septictanks will have an impact on property sale transactions.

Owners of premises connected to a domestic waste water treatment system will soon be required under new legislation to register with the relevant local authority. The new legislation also strengthens existing obligations as to the necessary standard of domestic waste water treatment systems, and allows for the Minister for the Environment to introduce regulations setting standards for the operation and maintenance of such systems. Draft standards recently published by the Minister were opened up to a public consultation process which closed at the end of March.

The Department of the Environment anticipates having the new registration system in place by mid-April 2012. It is expected that there will be a 12 month period within which to register and a €5 registration fee for the first three months, rising to €50 thereafter. Local authorities are expected to commence inspections of domestic waste water treatment systems in 2013.

On the completion of a sale of a property connected to a domestic waste water treatment system, the vendor will be required to produce a valid certificate of registration. Purchasers will be responsible for notifying the relevant local authority of the change in ownership.

Given the pending introduction of performance standards regulations and an obligation to register, purchasers are likely to arrange for an inspection of domestic waste water systems as part of the usual property survey and to check the public register of such systems pre-contract. Purchasers may also raise additional enquiries regarding compliance with the performance standards, including as to any inspections carried out or notices received.

Contributed by Tara Rush.

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