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You are responsible for (the ‘operator’ of) a septic tank or sewage treatment plant if:

• you own the property that uses the system
• your property shares the system with other properties (you are jointly responsible)
• you have an agreement with the owner of the property that you are responsible for the system, for example you’re renting and it’s in your tenancy agreement

Your septic tank or treatment plant will treat your sewage and release liquid (‘sewage discharge’) into the environment. What you must do depends on:

• whether the sewage discharge goes into the ground or into surface water
• if the treatment system was installed or was changed significantly before 2 October 2023 (an ‘existing discharge’)
• if the treatment system was installed or has changed significantly since 2 October 2023 (a ‘new discharge’)

There are different rules if you have a cesspool.

Sewage discharges

A sewage discharge is where you release sewage to either:

• the ground (for example in your back garden)
• surface water (for example a river, stream, estuary, lake, canal or coastal water)

New discharges are ones that started or changed significantly since 2 October 2023. Check what counts as a new discharge and what to do if you have one.

Existing discharges are from systems installed before 2 October 2023 that have not changed significantly since then. Check what counts as an existing discharge and what to do if you have one.

There are things you must do if your property has a ‘new discharge’ where you release sewage to the ground or to surface water.

You have a new discharge if one or more of the following apply:

• it has not yet started (for example, if you’re still in the planning stage of building a house or business)
• it started on or after 2 October 2023
• it changed in type (from ground to surface water, or the other way around) on or after 2 October 2023
• it has moved more than 10 metres on or after 2 October 2023
• since 2 October 2023 the discharge has increased to more than 2 cubic metres (2,000 litres) a day if it goes to ground or more than 5 cubic metres (5,000 litres) a day if it goes to surface water

If you buy a house that already has a septic tank or sewage treatment plant, check when it was installed to work out if it counts as new or existing.

Connect to a public foul sewer

If you have a new discharge it must be connected to a mains sewer (also called a ‘public foul sewer’), if the Environment Agency decide it is ‘reasonable’ to do so.

Read the guidance on ‘discharges in sewered areas’ to find out which criteria apply when connecting different types of property to a public foul sewer.

The Environment Agency will decide what’s reasonable based on:

• how close you are to a public foul sewer
• the cost of connecting to a public foul sewer compared with the cost of installing a sewage treatment system
• whether there’s anything in the landscape that would stop you connecting to the public sewer - for example a large road
• whether your sewage treatment system would have any environmental benefits - for example if it reuses treated effluent

If it’s not reasonable to connect to a public foul sewer, you’ll need to install a sewage treatment system to deal with your sewage.

Installing a new sewage treatment system

You should only install a sewage treatment system if it’s not reasonable to connect to a public foul sewer.

You must have building regulations approval to install a new sewage treatment system.

You might also need to get planning permission. Check with your local council.

Check if you meet the general binding rules

If you already have or are installing a septic tank or treatment plant, and it is not reasonable to connect to a public foul sewer, check if it meets the ‘general binding rules’.

If you do not meet the general binding rules

You must try to meet the general binding rules, for example by changing your sewage treatment system.

If you cannot meet the general binding rules you must apply for a permit.

There are things you must do if your property has an existing discharge where you release sewage to the ground or to surface water.

You have an existing discharge if it started before 2 October 2023 and all of the following apply:

• it has not changed in discharge type (from ground to surface water, or the other way around)
• it has not been moved more than 10 metres from the original location
• the discharge has not increased in volume since 2 October 2023
• if the discharge has increased it is still less than 2 cubic metres (2,000 litres) a day if it goes to ground or less than 5 cubic metres (5,000 litres) a day if it goes to surface water

Check if you meet the general binding rules

If you already have a septic tank or sewage treatment plant, check if it meets the ‘general binding rules’.

If you do not meet the general binding rules

If your sewage treatment system does not meet the general binding rules, you must either:

• connect to a public foul sewer if it’s ‘reasonable’ to do so -
• change your system so that it meets the general binding rules

If you cannot do either of these things, you must apply for a permit.

If you did not get planning permission or building regulations approval

If your current system did not get building regulations approval when it was installed, you may need to apply for it. You might also need planning permission.

If your system was installed before 1 January 2015, contact your local council for advice on planning permission.

You must make sure your system meets the ‘general binding rules’ if you’re responsible for (the ‘operator’ of) either:

• a septic tank (an underground tank where the solids sink to the bottom and the liquid flows out and soaks through the ground)
• a small sewage treatment plant (also known as a ‘package treatment plant’ - a system that treats the liquid so it’s clean enough to go into the ground or a surface water)

If you meet the general binding rules, you do not need a permit.

Check if your discharge is domestic sewage

The general binding rules only apply to domestic sewage - for example from a toilet, bathroom, shower or kitchen of a house, flat or business. Find out what counts as domestic sewage.

If your discharge is not domestic sewage you must apply for a permit.

Check which rules to follow

The general binding rules vary depending on where you release (‘discharge’) sewage and when the discharge started. Find out about the:

• general binding rules if you discharge to surface water
• general binding rules if you discharge to the ground

If you do not meet the general binding rules

You might need to make changes in order to meet the general binding rules. For example, if you have a non-standard treatment system (such as discharging to a borehole) you might need to change the system you use.

Only apply for a permit if you cannot meet the general binding rules. You will not be given a permit if you could meet the general binding rules.

You can only get a permit for a private sewage treatment system if it is not reasonable for you to connect to the mains sewer (also known as the ‘public foul sewer’).

Read the section on discharges in sewered areas in the ‘Discharges to surface water and groundwater’ guidance to find out when you have to connect to the mains sewer.

Check if you meet the ‘general binding’ rules. You do not need a permit if you meet all of these rules.

Types of permit

Depending on the size, age and location of your sewage system, you can apply for either a standard rules permit or a bespoke permit.

Standard rules permit

You can get a standard rules permit quickly if your discharge is not considered high risk.

Read the section on applying for a standard rules permit in the ‘Discharges to surface water and groundwater’ guidance.

Bespoke permits

You must apply for a bespoke permit if your system does not meet the requirements for a standard rules permit.

These permits take longer to process and can cost more because the Environment Agency must manually assess your site.

Read the section on applying for a bespoke permit in the ‘Discharges to surface water and groundwater’ guidance.

If your application is refused

If your application is refused, you’ll be told why and how you can appeal.

Get help with your application

If you know you need a permit but are unsure which one to apply for, you can ask the Environment Agency for advice before you apply.

If you have a cesspool then the ‘general binding rules’ do not apply.

You must maintain your cesspool and make sure it:

• is emptied regularly (for example once a month) by a registered waste carrier
• does not leak or overflow

You do not need a permit unless the Environment Agency tells you that you do.

The Environment Agency or your local council can make you repair or replace your cesspool if it’s in poor condition.

You are breaking the law if your cesspool causes pollution.

If you install a new cesspool

You must:

• get planning permission and building regulations approval
• make sure it has a minimum capacity of 18,000 litres per 2 users (plus another 6,800 litres per each extra user)