Information on new law that has been introduced regarding septic tank regulations for 2022?

Do you have a Habitacion Certificate for your property and who is telling you please?

Hello, Cheryl.  Yes, we have a HC but it doesn't change the situation.  All the estate agents who've been to the house recently have informed us about this new legislation.  It came into force on Monday in Benissa and eventually it will become law for all the towns. You will not be able to market your property unless you have a certificate showing that you have had the new approved septic tank installed.  Some owners have been lucky and had already agreed a sale price and just got in in time.  We've been told of other situations where the seller and buyer have paid half each. The authorised septic tank with fitting is costing owners between 10,000e and 20,000e depending on who does the work.  There is a cheaper company in Moraira, apparently.  We're not sure if we will all receive letters advising about the new law or if it will only become a problem/huge expense if we want to sell.  Another way of parting us with our hard earned!

Regards.   

Thank you Ron, I'll look into this but I just wondered if someone was trying to pull a fast one  to get you to pay to upgrade it to get a HC but that is VERY concerning as it will affect everyone living off mains sewage. We had a new EU approved one fitted to enable us to get the HC  in early 2018 so hopefully we will be OK but I will certainly read up when I get a chance but it would help if you got the reference number of the new law and if the agents are quoting it hopefully they have evidence to back it up.
If agents are turning away properties to sell I would imagine there will be some substance to what they say because most of them pleaded ignorance over the Tourist Licence because it never actually prevented sales, just gave the new owners a very nasty surprise if it turned out they couldn't get one.

I''ve found this, but it is for the UK.

https://www.telegraph.co.uk/property/house-prices/rural-home-little-known-rule-change-could-knock-thousands-house/

I don't have the price to hand as we paid as part of our architect's bill but it was way lower than the prices you mention. There are usually only two of us here but because the house has 4 bedrooms we asked for one that could cope with 8 people.

https://www.terrameridiana.com/32401-32401.html 

This is for Andalucia but it is only about UNREGISTERED properties.

https://oldtla.spanishsolicitors.com/septic-tankrequirements-to-get-the-certificate-of-habitation/  May 26 2022

but it is still about getting the Habitacion Certificate.

Both of these articles were dated 2022 and no mention of this need for registered properties in either.

Then there is this

https://septictanks.es/

I have sent them an enquiry re your circumstances and will wait for them to get back to me. There are estimated to be 250,000 properties in Valencia which don't have a HC!

Good morning again, Cheryl.  Not a fast one.  Every property should have an HC.  That's the law especially if you want/need to sell.  Can't sell without it.  Not sure what you mean about this affecting everyone on mains sewerage.  If you're on mains there's no problem.  Agents aren't turning away properties to sell - they are just advising owners that a septic tank upgrade needs to be done to comply with the new legislation and before a sale can proceed to completion.  Always something to worry about here but I suppose in the UK too!  Have a relaxing Sunday.  Regards.  Ron.

Sorry Ron, what I meant was this is going to be huge for people not on mains sewerage (off mains as in off grid) as the majority of rural properties are as even those with HCs are now going to be affected. There are estimated to be about 250k unregistered homes within Valencia as a whole. It is legal to sell properties without a HC, at least it always was, but maybe this new law has changed that so I would be very interested if the agent can supply the reference to it. We bought our own home in 2017 without one knowing that the local Ayuntamiento would issue it if we had an EU approved tank fitted by an authorised company, all arranged via our architect, signed off with no infractions (as in the property had been here for x number of years).
This is why I am querying this as all the info I have been able to find is for homes that do not have the certificate, 

Its eu directive not actual law, although the law passed in 2014 was for properties near waterways etc to install non residual tanks.  Its about the impact on the land. We are going through the process at present as we want to do tourist activity so need the habitacion which has also changed its now a declaration certificate you sign as the owner that all legal procedures are correct. It was the british that started the Habitacion certificate ruling when purchasing property. Here in Murla some of the urban homes are being put onto the main sewage, we have not been told that we have to change the septic tank, its only so we can apply for tourist licence.  

Its the properties on the campo that valenciana government want to legalise due to EU directive, by the septic tank being changed to the residual or non residual, an architect is required for this and the townhall will specify which to have for the certificates required that all done to EU standards. Most installers will understand this.

Cannot see how selling property would be a problem as long as the buyer is aware of the update and maybe further costs in the future and if a ruling by the local townhall.  Brits do panic if forced remind the townhall its EU directive and checkout if it is law. Keep in mind that they make money from this.  Talk to your lawyer when selling a property to see if fact and maybe it can be sorted out.

These laws can be looked up online some topics on here cause panic, however check with your local townhall and architect for the correct laws before  spending a fortune, Get quotes and compare as some are asking around 14,000 for the 6500 litre tank installation. Far too much. We are still looking for installers and comparing. As said do your own research online and ask an architect for advice and your lawyer.

Better arrange a good lawyer!! 

Hi there

We're selling a place in Benissa and have come across this septic tank requirement just 2 days before scheduled completion.

Does anyone reading this thread have any recommendations on good/inexpensive solutions?  As things stand, the only estimate we have to go on from the architect dealing with the Cedula was €9.5k plus VAT.

Arrghhh