Liability, are you aware that “you” are solely liable for pollution / public health issues arising from inadequate defective or malfunctioning treatment system?

Water Services Act 2012

Under the Water Services Act 2012 the homeowner is liable for any pollution from your wastewater treatment system. The responsibility is on the homeowner to ensure your wastewater treatment systems are working and being maintained. Local Authorities have started carrying out inspections to ensure wastewater treatment systems are working and being maintained.

“The owner of a premises connected to a domestic wastewater treatment system shall-

a) Ensure that the system does not constitute, and is not likely to constitute, a risk to human health or the environment, and, in particular does not

  1. Create a risk to water, air or soil, or to plants and animals,
  2. Create a nuisance through noise or odours, or
  3. Adversely affect the countryside or places of special interest”

Building Regulations

The homeowner is responsible to ensure that all parts of there development complies to the building regulations.

Part H Building Regulation states:

“A wastewater treatment system shall be so designed, sited and constructed that: 

  1. it is not prejudicial to the health of any person,
  2. it does not cause a risk to public health or the environment,
  3. it prevents unauthorised access but allows adequate means of access for emptying and maintenance,
  4. it will function to a sufficient standard for the protection of health in the event of a system failure,
  5. it has adequate capacity,
  6. it is impermeable to liquids, and
  7. it is adequately ventilated.”

How Can You Protect Yourself?

  • Obtain a written guarantee that covers the treatment performance of the wastewater treatment system.
  • Certify the wastewater treatment system and polishing filter to Part H of the Building Regulations & is ‘Fit for Purpose’
  • Ensure the person certifying the wastewater treatment system and polished filter has the necessary insurance (Professional indemnity, Third Party Liability & Environmental Damage Insurance) should something go wrong.