What the General Binding Rules ask of a septic tank or treatment plant in England, what became of the 1 January 2020 deadline, and what to do if yours fails.
At KP Cesspool Services, we are often asked about the General Binding Rules and what they mean for homeowners with private drainage systems. The rules apply to septic tanks, sewage treatment plants, and other small sewage discharges in England, and they exist to protect rivers, streams and groundwater from pollution. If your system meets them, you do not need an environmental permit. If it does not, you either put it right, connect to the public sewer, or apply to the Environment Agency for a permit.
What the General Binding Rules Are
The General Binding Rules are a set of legal requirements for small sewage discharges in England. There are two sets, one for discharges to the ground through a drainage field, and one for discharges to a surface water such as a stream or ditch. Most homeowners only ever need to know which of the two applies to them, and whether their system meets it.
Who the Rules Apply To
The rules apply to homeowners, landlords, and businesses that own or are responsible for a private wastewater system with a discharge. The rules call that person the operator. This includes septic tanks and sewage treatment plants serving single properties or small groups of properties.
Cesspools discharge nothing at all, so these rules do not apply to them. Owners still have to keep the tank sealed and watertight, never let it overflow, and have the contents removed by a registered waste carrier, and the duty not to cause pollution applies whatever the system.
Why the Rules Were Introduced
The rules were introduced to address environmental damage caused by poorly maintained or outdated private drainage systems. Discharges that are not treated properly can pollute rivers, streams, and groundwater. By setting clear standards, the rules make sure wastewater systems are installed, maintained, and operated in a way that protects public health and the environment.
The Rule Most People Need to Know
A septic tank must never discharge to a watercourse. The rules for discharges to ground say it in exactly those words, and the rules for surface water say that a discharge to a stream or ditch must come from a small sewage treatment plant.
If your septic tank does discharge to a ditch or stream, the Environment Agency says you must put it right as soon as possible, by doing one of three things.
- Connect to the public foul sewer.
- Install a drainage field so the septic tank discharges to ground instead.
- Replace the septic tank with a small sewage treatment plant.
You are expected to have plans in place to do the work within a reasonable time, usually 12 months. We explain how to tell what your own system does, and which fix your ground will allow, in can a septic tank discharge to a ditch.
What Happened to the 2020 Deadline
If you have read that septic tanks had to be put right by 1 January 2020, that was true when the rules were first published. Any septic tank discharging straight to a ditch, stream or river was given until that date to be replaced or upgraded, and if the property was sold before then, the buyer and seller were expected to agree who would do the work as a condition of the sale.
That date has since been taken out of the government's guidance, but the problem did not go away with it. A septic tank still discharging to a watercourse today is outside the rules, and the duty is the one above, to put it right as soon as possible with plans in place to do the work, usually within 12 months. The deadline going does not make an old system legal. A sale is still the moment it most often comes to light, so it is worth agreeing who pays for the work as a condition of the sale. Where the answer is a new plant, our treatment plant installation page explains what is involved.
Which Rules Apply Depends on When Your Discharge Started
The government sorts every system into one of three groups, by when its discharge started. A discharge counts as new if the system was put in, moved more than 10 metres, switched from a stream to the ground, or made to discharge more than the volume limits from that date. Replacing an old tank in the same place, with the same discharge, keeps it in its original group.
Rules for every discharge, however old
The rules only cover small discharges. A discharge to ground must be 2 cubic metres a day or less, and a discharge to surface water 5 cubic metres a day or less. An ordinary family home sits well inside both, but a large house, a group of properties or a business may not. The discharge must be domestic sewage only, must not cause pollution, and must come through the right kind of system for where it goes.
A discharge to ground also cannot sit in a groundwater source protection zone 1. That zone includes anywhere within 50 metres of a private water supply used for drinking, so a neighbour's spring, well or borehole close to your drainage field means a permit rather than the rules. Some rural properties still draw their water from their own supply, so it is worth asking the neighbours before a drainage field goes in.
Extra rules for discharges started from 1 January 2015
A system whose discharge started on or after 1 January 2015 has to meet more. You cannot use the rules if a public foul sewer is within 30 metres of the boundary of the property, so you are expected to connect to it instead.
Protected sites matter too. A newer discharge to ground cannot use the rules if it is in ancient woodland, or in or within 50 metres of a Special Area of Conservation, Special Protection Area, Ramsar wetland or biological Site of Special Scientific Interest. For a newer discharge to surface water the distance is 500 metres, and the list also takes in designated bathing waters and protected shellfish waters. Parts of Romney Marsh and the coast around Rye fall inside these zones, which is one reason so many properties there run on sealed cesspools.
A newer discharge to a ditch or stream also has to go into water that flows all year round. A ditch that dries up every summer does not count.
A system that was already discharging before 2015, and has not been moved or changed since, does not have to meet these extra rules, though it still has to meet every rule in the section above.
Extra rules for new discharges from 2 October 2023
Since 2 October 2023 a new discharge also needs a permit if it is within 50 metres of any other system discharging under the rules, such as a neighbour's septic tank or treatment plant. A new discharge cannot share an outlet with another one either, if the two together would go over the volume limit. Both points catch barn conversions and new homes built beside an existing house, so they are worth checking before any plans are drawn.
Standards for the System Itself
Your system must meet the British Standard that was in force when it was installed. For a new treatment plant that is BS EN 12566, and for a new drainage field BS 6297. Systems installed before 1983 do not need to meet a British Standard, but they still have to meet every other rule.
Maintenance and Servicing Expectations
Ongoing maintenance is a central part of the General Binding Rules. Your system should be maintained regularly by someone competent, in line with the manufacturer's instructions, and it must be repaired or replaced if it is not in good working order.
Sludge must be removed before the tank goes beyond its maximum capacity, and the rules say that should be at least once a year or as often as the manufacturer advises. Whoever takes it away must be a registered waste carrier. For treatment plants, mechanical parts such as motors and blowers must be kept in good working order, which is what Septic Tank Servicing and treatment plant servicing are for. Where wastewater is stored rather than discharged, regular Cesspool Emptying is still essential to prevent overflow and pollution.
Selling a Property With a Private System
When you sell, the rules say you must tell the buyer in writing that a sewage discharge is in place. The note should describe the system, show where its main parts and its discharge point are, list any changes made to it, and pass on the maintenance details and records, along with the manual if you have one. Keeping your service and emptying records from the start makes this simple. We cover the rest of that process in selling a house with a septic tank in Kent.
The Role of the Environment Agency
The Environment Agency is responsible for overseeing compliance with the General Binding Rules. Where a system cannot meet the rules and connecting to the sewer is not reasonable, the owner has to apply to the Agency for a permit instead. The Agency can also take action if a system causes pollution, which can include requiring repairs, upgrades, or changes to how the system is operated.
What Happens If You Do Not Comply
If a private wastewater system does not comply with the General Binding Rules, the owner may be required to take corrective action. This can involve repairs, changes to the discharge arrangement, or full replacement of the system. Non compliance can also cause issues during property sales, as buyers and solicitors often request confirmation that drainage systems meet current standards.
How to Stay Compliant
Staying compliant starts with understanding your system and keeping it properly maintained. Regular servicing, timely emptying, and early investigation of any problems all help reduce risk. If drainage issues develop, they may also involve Blocked Drains and Tanks, which should be resolved quickly to prevent pollution. Keeping records of maintenance and emptying visits also helps demonstrate responsible management.
Choosing a Trusted Provider
Correct maintenance and advice are essential when dealing with regulatory requirements. We always recommend checking reviews on trusted platforms such as Checkatrade before choosing a provider, as experience and correct handling are vital for compliance and environmental protection.
Conclusion
The General Binding Rules set clear expectations for how private wastewater systems must be managed to protect the environment. Understanding these rules helps homeowners avoid enforcement issues and keeps systems operating safely and responsibly. At KP Cesspool Services, we support customers with clear advice, maintenance, and compliance focused services. If you would like help understanding how the General Binding Rules apply to your system or need guidance on staying compliant, contact us and we will be happy to help.
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