In England, septic tanks and small sewage treatment plants at properties not connected to a mains sewer must meet the General Binding Rules, which have applied since 1 January 2015 and have been updated since. If the discharge from a septic tank causes pollution it may be considered an offence and can result in the Environment Agency taking enforcement action.
The regulations are designed to reduce the level of pollution from sewage in the nation’s watercourses. The government has put in place legislation to stop septic tanks discharging directly into watercourses. A watercourse can be a river, ditch, brook, beck or stream.
Key dates
- 1 January 2015 – the General Binding Rules for small sewage discharges came into force in England. If you meet all the rules that apply to you, you do not need an environmental permit.
- 1 January 2020 – the deadline for septic tanks that discharge directly to a watercourse to be replaced or upgraded. If yours still does, you must act as soon as possible and usually have plans in place to do the work within 12 months.
- 2 October 2023 – extra rules for new discharges that started on or after this date. This includes starting a discharge, moving it more than 10 metres, changing it between ground and surface water, or increasing it above the daily limit. For example, a new discharge must not be within 50 metres of another discharge that operates under the General Binding Rules, and must not share an outlet with another discharge if the combined volume is over the limit.
- 23 July 2026 – the Environment Agency updated its guidance on discharges to ground to cover ground that has been engineered to reduce the percolation rate. These can meet the rules if they are not in a floodplain, the engineered ground has a minimum percolation value (Vp) of 15, and they are located, designed and built in line with BS 6297:2007.
The daily limits are 2 cubic metres (2,000 litres) to ground and 5 cubic metres (5,000 litres) to surface water. Above these, you must connect to the public foul sewer where it is reasonable to do so, or apply for a permit. You also cannot meet the rules for a single property if there is a public foul sewer within 30 metres of its boundary.
These rules apply in England. In Wales, you register your septic tank or package treatment plant with Natural Resources Wales.
General Binding Rules
Under the General Binding Rules, anyone with a septic tank discharging directly into a watercourse must, as soon as possible, do one of the following:
- replace with Package Sewage Treatment Plant – this will require building regulations approval and sometimes planning permission
- install a drainage field which allows waste water to be safely dispersed into the ground – you must ensure the system conforms to the British Standard : BS 6297:2007 and the General Binding Rules for Discharging to Ground
- if feasible connect to the mains sewer – check with your local water company (United Utilities, Yorkshire Water, Severn Trent Water, Map of Water companies in England and Wales)
Selling or Buying a property
It is the responsibility of the operator or owner of a sewage treatment system to ensure it complies with the General Binding Rules. Being non-compliant could put off potential buyers and may subject the operator or owner to enforcement by the Environment Agency.
If you buy or sell a property with a septic tank that discharges directly into a watercourse, the buyer and seller should agree who will be responsible for replacing or upgrading the system, as a condition of sale.
When you sell a property, you must tell the new owner in writing that a sewage discharge is in place. Include:
- a description of the treatment system and drainage system
- the location of the main parts of the treatment system, drainage system and discharge point
- details of any changes made to the treatment system and drainage system
- details of how the system should be maintained, and the maintenance manual if you have one
- maintenance records, if you have them
Permit to discharge
Usually for a domestic property that conforms to the General Binding Rules a permit is not necessary. If for some reason the General Binding Rules can’t be met then a permit to discharge will need to be applied for.
How we can help
We can provide a site inspection and independent report that describes the wastewater treatment system and whether it meets the regulations. If the General Binding Rules are not met then we can provide the viable options and costings. If this is something you would like to discuss or arrange then please contact us on 07968 143756 or fill in the contact form