Do you have a non-compliant septic tank in your house in France?

Are you a homeowner with a septic tank or sewage treatment plant and planning to sell your property? In France, approximately 5 million homes are equipped with these systems, with an estimated 80% not meeting compliance standards. If you need to address a non-compliant septic tank, this article is here to guide you.

The Importance of Compliance

Adhering to regulations for septic tank systems is far more than a bureaucratic requirement—it is essential for protecting public health and preserving the environment. Non-compliant septic tanks can release harmful pathogens, nutrients, and pollutants into the soil and groundwater, endangering nearby residents’ health and contaminating vital water sources. Additionally, such systems can pollute surface waters, leading to algal blooms, fish deaths, and significant harm to ecosystems.

Non-Compliant Septic Tanks: A Significant Risk to Public Health and the Environment

Sanitation plays a vital role in protecting both public health and the environment by managing and treating liquid and solid waste. For homes not connected to public sewer systems, wastewater must be treated using septic tanks or sewage treatment plants. The stakes are higher for these systems, as non-compliance poses significant risks to human health, wildlife, and ecosystems. Alarmingly, recent statistics reveal that nearly 600,000 homes discharge untreated wastewater directly into the environment.

Selling a Home with a Non-Compliant Septic Tank

Selling a property equipped with a septic tank or sewage treatment system generally follows the same steps as selling any other property. However, it involves additional requirements, particularly in terms of certifications. Due to the environmental risks associated with non-compliant systems, strict regulations have been in place since 2012 under the Real Estate Act, which mandates specific diagnostic assessments for properties being sold.

One such requirement is the sanitation diagnosis, which assesses the condition of the system. After inspection, one of five assessments is typically issued:

No deficiencies detected
Wear or maintenance issues
Incomplete or improperly sized system or major malfunction
Structural failure or significant safety risks
No system installed

If the system is deemed non-compliant, the sanitation diagnosis becomes part of the documentation required for the sale. This certificate ensures transparency, highlighting the need for corrective measures to bring the system up to standard.

How to detect non compliance?

Installing and Diagnosing Non-Collective Sanitation Systems

While the installation of a septic tank or sewage treatment system can be handled by a professional, the diagnosis of its compliance is exclusively the responsibility of the Non-Collective Public Sanitation Service (SPANC). SPANC is the sole entity authorized to assess and monitor the compliance of non-collective sanitation systems.

Homeowners who wish to check the compliance of their system must contact their local SPANC office, usually available in every municipality. If unsure which SPANC to contact, homeowners can reach out to their local council for assistance in establishing the connection.

Key Stakeholders and Their Roles in Selling a Property with a Non-Compliant Septic Tank

The Owner or Seller
The property owner must ensure they have all legally required documentation when selling their house. This includes obtaining mandatory real estate diagnoses, particularly regarding the sewage treatment system. According to Article L. 271-4 of the French Building and Housing Code, non-compliance issues must be resolved within one year of the sale. Although this obligation technically falls on the buyer, they may refuse the purchase or negotiate a price reduction. Therefore, the seller and buyer must reach an agreement to proceed with the sale.
The Buyer or Acquirer
The buyer is responsible for verifying the compliance of the property’s sanitation system before finalizing the purchase. This due diligence helps avoid potentially costly rehabilitation work. While Article L. 271-4 requires compliance work to be completed within a year, no penalties are enforced for missing this deadline, leaving the buyer at some financial risk.
The Notary
The notary oversees the transaction, ensuring all necessary documents are in order for the sale to proceed. They are responsible for drafting the deed of sale, which must be signed by both the seller and buyer in their presence. The notary also serves as an advisor to both parties, providing clarity on legal obligations and potential resolutions.

The Importance of Compliance Certification

By following the correct procedures, the SPANC will issue a certificate of compliance for the wastewater treatment system. This certificate serves as legal proof that the system meets current standards and adheres to environmental regulations, facilitating a smooth property sale.

Risks Associated with Non-Compliant Septic Tanks

The consequences of non-compliant septic tanks are significant and far-reaching:

Public Health Risks: Leakage from non-compliant septic tanks can contaminate drinking water supplies, potentially causing outbreaks of waterborne illnesses such as gastroenteritis, hepatitis, and E. coli infections.
Environmental Harm: Effluent rich in nutrients can enter nearby water bodies, promoting harmful algal blooms that deplete oxygen levels, lead to fish kills, and disrupt aquatic ecosystems.
Property Damage: Malfunctioning septic tanks can cause sewage backups, flooding, and property damage, resulting in expensive repairs and possible legal responsibilities for the owner.
Legal Repercussions: Failing to comply with septic tank regulations can lead to fines, penalties, and enforcement actions by authorities, as well as legal disputes with neighboring property owners over environmental and health impacts.

Solutions for Non-Compliant Septic Tanks

Addressing non-compliant septic tanks requires a comprehensive strategy that includes proactive maintenance, remediation, and adherence to regulations:

Routine Maintenance: Establish a regular schedule for tasks such as pumping, inspections, and repairs to maintain the septic system’s efficiency and prevent malfunctions.
System Upgrades and Repairs: Identify and resolve issues like leaks, cracks, or structural defects through necessary repairs or by upgrading the septic system to meet modern standards.
Regulatory Compliance Checks: Perform periodic assessments to ensure the septic system complies with all relevant regulations, taking corrective actions when deficiencies are discovered.
Professional Support: Engage qualified septic system professionals, engineers, or environmental consultants for system design, installation, maintenance, and compliance guidance.
Education and Awareness: Inform property owners, residents, and stakeholders about the importance of proper septic system care, regulatory obligations, and environmental protection to encourage responsible wastewater management practices.