Septic Tank Solicitor Negligence Claims

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Septic Tank Claims Against Solicitors

On 1 January 2015, new regulations came into force that banned the way septic tanks discharged waste and created rules that enforced how septic tanks can be made compliant. The deadline for homeowners to upgrade their septic tanks to ensure compliance was 1 January 2020.

If you bought a property after 1 January 2015 in England or Wales that was serviced by a septic tank and you have since incurred a fine or unexpected servicing costs, you may have suffered from negligent advice from a conveyancing solicitor. As specialists in professional negligence claims, Been Let Down can help you make a claim for conveyancing negligence.

What are the new septic tank regulations in England and Wales?

A septic tank is an underground tank that is used when a property is not connected to the main sewage treatment works. Only a small percentage of homes in the UK have a septic tank, but if you have one, it must meet updated safety and environmental standards.

The new regulations state that any property in England or Wales with a septic tank that discharges to a watercourse must have been replaced or upgraded by 1 January 2020.

A septic tank can be made compliant with the regulations by either connecting it to a public sewer, replacing it with a small sewage treatment plant, installing a drainage field or applying for a permit to allow discharge to surface water.

If a homeowner has a septic tank that does not comply with the new regulations, they must upgrade or replace it. This can cost anything between £10,000 and £50,000 depending on the location of the septic tank and the work involved.

If a septic tank is not upgraded and found not in compliance with the new regulations, a homeowner could face a fine of up to £100,000 from the Environment Agency and even up to three months in prison.

What is a septic tank negligence claim?

The Environment Agency issued their “General binding rules” for small sewage discharge to a surface water in 2015. The guidance states:

“If you buy or sell a property with a septic tank that discharges directly into a watercourse you should agree with the buyer or seller who will be responsible for replacing or upgrading the treatment system. You should agree this as a condition of sale.”

The new rules require homeowners to take action to ensure that their septic tanks meet the regulatory requirements.

Many homeowners have moved into their dream home only to discover that the solicitors they appointed to complete the purchase failed to inform them that the septic tank did not comply with the new regulations. This is an example of conveyancing negligence.

How do I make a septic tank claim against a solicitor?

The guidance to any party involved in the sale or purchase of a property with a septic tank is clear – it is a condition of the sale that all parties (buyer or seller) understand who is responsible for ensuring the septic tank meets the regulatory requirement.

If a conveyancing solicitor has failed in their duty of care to the buyer they represent by not documenting that they (the buyer) are responsible for the replacing or upgrading of the septic tank, then you could have a septic tank solicitor negligence claim.

How do I know if I have a septic tank solicitor negligence claim?

We deal with all manner of septic tank negligence claims, so we understand that conveyancing negligence can impact you in many ways. If any of the circumstances listed below reflect your experience, you may have a compensation claim. Contact us today and a member of our expert legal team will listen and advise you on the next steps.

You could have been a victim of septic tank solicitor negligence if you have:

• Uncovered serious defects in the water or sewerage of the property
• Found that an extension of the property does not have the correct building regulations approval or planning permission
• Needed to go through lengthy and costly renegotiations about the lease agreement because the terms and title of the property were not properly explained
• Not been able to make alterations to the property due to restrictive covenants you were not made aware of before the sale
• Had a waste management professional inform you that your septic tank does not comply with current regulations and complaints to your former conveyancing lawyer have been unsuccessful or even ignored

If you are confident you have suffered significant financial loss due to the actions or inaction of a conveyancing solicitor, but your circumstances are not listed above, don’t worry. You should still get in touch with us today to discuss your situation with our experts. We will advise whether you have a valid septic tank solicitor negligence case.

How to start the process of making a septic tank negligence claim against a solicitor

When you instruct a conveyancing solicitor you expect them to perform their duties with care and competence. If the advice you have received relating to your septic tank was negligent and this has resulted in financial loss, we can help you act.

Here is how you can start the claim process with Been Let Down:

• Review the conveyance paperwork and identify where the negligence occurred
• Gather your evidence and contact the expert solicitors here at Been Let Down
• Obtain two quotations for the cost of putting the negligence right – this helps us understand the value of the claim and it is essential to proceed with
• We will send a letter of claim to the conveyancer solicitor’s insurers

Don’t wait to get the compensation you deserve. Start an enquiry with our team today and we’ll get going on your claim.

How will I fund my septic tank claim against solicitors?

If you’re thinking about making a septic tank claim against a solicitor, you may have concerns about how you are going to fund your case. We understand that legal costs can present an obstacle to those who have already been let down by professional negligence. But don’t worry, we have a solution.

When we take on septic tank claims, we are usually able to provide legal representation on a No Win No Fee basis. This is called a Conditional Fee Agreement (CFA) and means you only pay a contingency fee for our services if your claim is successful. You will still be awarded most of any compensation owed.

Why trust Been Let Down with your septic tank solicitor negligence claim?

If you’ve received negligent advice from a conveyancing solicitor regarding the septic tank on your property, our experts can help you get the compensation you deserve. We’ll be with you on every step of your claims process and will guide you using our wealth of legal expertise and practical support.

Here is why you should choose Been Let Down for your septic tank solicitor negligence claim:

• Our solicitors have all you need to win your septic tank solicitor negligence case, including questions you must ask before buying a house to avoid future problems
• We are authorised and regulated by the Solicitors Regulation Authority (SRA) and are members of Liverpool Law Society and The Law Society
• We have your best interests at heart and can take your case on a No Win No Fee This means you won’t pay a penny to us unless your claim is successful
• We are proud to point to glowing client reviews that demonstrate our committed and tailored approach to each and every case we take on
• We work tirelessly to get our clients the support they deserve so you will be placed with a qualified solicitor from day one

Here to help you

Find out how our solicitors can help you with your septic tank solicitor negligence claim today. We’re ready to give you the legal guidance you need to move forward.

Get in touch by calling us at  0800 234 3234 or fill in our form and a member of our legal team will call you back.