We bought bungalow approx 10 years ago knowing neighbour was using an old existing (pre 1973) septic tank and soakaway in our garden for discharge from a single shower room and basin. ( deeds say neighbours have rights to enter property for purpose of laying maintaining renewing and replacing such line of pipes septic tank and service the vendor causing no unnecessaary damage)
1. Neighbours had problems with their own system accommodating waste from rest of their property (at that time a 4 bedroom house) and had a sewage waste treatment plant installed telling us they were discharging everything into the old exsisting septic tank soakaway in our garden. They did this without any site tests (as far as we are aware) to see if our garden was suitable telling us they had right of way to do this. Approx 2006
2. They also converted an old unused barn into a 1 bedroom annex and this also was pumped into our garden.
3. May this year (2013) (the property is now being rented out and the number of inhabitants have increased) drain engineers were called out as neighbours property was backing up and had to enter our garden to look at drain/soakaway - they expressed
garden was not big enough to take size of soakaway required
for neighbours set up. The problem in the end turned out to a pump issue.
4.This again raised concerns with us as we had also had significant collapse of garden bank into road which have we repaired with gabion baskets (I must make clear we are not blaming neighbour or looking for any monies for repair ).
5. Would it be reasonable to request some form of certification from neighbour/installer that the sewage treatment plant was installed correctly and in compliance with any regulations etc.
6.We have been in contact with neighbour/owner via email (who now lives away ) since May this year expressing our concerns, he continues to say he can do what he wants as he has rights but will look into alternative. But unfortunately has been on a lot of holidays, change of email address etc etc etc !!
in meantime we have had own percolation tests done - which reports " we found that the recommended size soak away with a 6 person usage and a septic tank would be 87m2. If it was for 10 persons and a treatment plant, the recommended size would be 116m2. At present there are two soakaways in the front lawn which may be contributing to the water running onto lane below." (our own soakaway for a 4 bed bungalow is also in front garden)
We have done dye test - green has appeared in lane/soil but not 100 percent sure if this is dye or algae so have done another colour dye test to double check.
I have investigated building regs but because it is out of the 2 year period building regs cant get involved.
Building control say not their remit and percolation tests can be inaccurate. Even though in my many hours of research (im no expert just a Medical Secretary ) site trial assessment and percolation tests are considered to be a mandatory requirement!
It appears neighbour hasn't registered or applied for discharge permit.
Spoken off the record to parish councillor who advised even if dye shows and we go to environmental health we could be opening a can of worms and would have trouble selling our own house as we have raised an issue and we could be liable for discharge into lane ( it dye is confirmed ) as it is coming off our property even though not from our house.
All I/we were asking for is some form of verification that installation/site/change of use of neighbours soakaway discharging in our garden is suitable and in compliance with regs but not sure who/how/enforces our neighbour to give us piece of mind that this installation has been done correctly considering the problems we have already had with bank collapse and continuing running water - or am I totally talking a load of rubbish and they can really do what they want without tests/permits etc.
Would appreciate some advice but apologise if this is not your remit and for boring everybody
) thank you