What is the procedure if septic tank is classed as non-conforme?
Rules are different when buying a new home
If selling a property, you must provide information on the status of your septic tank
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Reader Question: If I buy a property that has a faulty septic tank, is there a time limit on completing the works?
If you are buying a property that has a septic tank (fosse septique), a certificate of conformity is provided by the seller, detailing whether it meets the usual acceptable standards or not.
This is provided by the local Service Public d'Assainissement Non Collectif (SPANC) following an inspection. Each commune or area of communes has its own SPANC.
Sellers can ask their SPANC to carry out a diagnostic and provide a certificate (showing that it is either conforme or non-conforme, depending on the status of the septic tank) before selling the property.
It costs between €100 to €150 to obtain a certificate.
Read more: Do I need conformity certificate for septic tank to sell French home?
A buyer can still choose to purchase a property with a non-conforming septic tank. In many cases, buyers can use a non conforming septic tank to negotiate a lower sale price.
Alternatively, they could ask the property owner to carry out the work - and have it certified - before proceeding with the sale, however the seller is not required to agree to this.
If they choose to purchase the property with the non-conforming tank, the work stipulated on the SPANC diagnostic report must be carried out within one year from the signing of the acte de vente (sale deed).
This limit has been in place since 2012, when rules regarding septic tank installations were updated.
It applies to all sales where a tank has failed its conformity test, which covers tanks that are too small, incomplete or faulty constructions, and tanks that pose a danger to either people or the environment.
As part of the sale, the agreement to bring the tank up to standard is legally binding – the SPANC will follow up to check repairs have been made.
All rules are the same for both main residences and second homes.
What about when you already own a property?
Septic tanks are assessed every four to ten years by the local SPANC to ensure they are emptied correctly and are still in good working order.
If during an assessment the SPANC finds an issue with the tank, you must fix it.
However, the time limits for these repairs are more generous: in most cases the SPANC will allow you four years to do the work.
Read more: What are the rules to install a septic tank in French holiday home?
