Septic tank general binding rules 2020 and 2023

The General Binding Rules establish environmental regulations governing the discharge of small sewage systems in England, including septic tanks and treatment plants. These rules are designed to protect public health, prevent pollution, and preserve the quality of surface and groundwater.

What are the General Binding Rules 2020?

As of 1 January 2020, the General Binding Rules implemented by the Environment Agency prohibit septic tanks from discharging directly into surface water, such as streams, rivers, or ditches. This type of discharge poses a significant risk to public health and the environment.

Under the 2020 rules, all septic tanks that discharge into surface water must comply with at least one of the following options:

Replace or upgrade
You can replace or upgrade your septic tank with a wastewater treatment plant that complies with BS EN 12566-3. The Ecoflo biofilter and the Rewatec Solido Smart are excellent choices to ensure full compliance.
Divert
If permitted by regulatory bodies and the Environment Agency, you can divert your septic tank’s effluent to a drainage field (soakaway), following BS 6297:2007 guidelines.
Connect
You can connect your septic tank or property to the utility sewage network.

Understanding your responsibilities

As a homeowner, you are responsible for choosing, installing, maintaining, and operating your drainage system to ensure its efficient functioning. Your system must meet the manufacturer’s standards, with its efficiency verified by independent certifications, such as the CE mark and EN 12566-3.

Failing to follow these guidelines may lead to ineffective septic system performance and non-compliance with regulations (Binding Rules - England, DEFRA, January 2015).

How did the General Binding Rules change in 2023?

The General Binding Rules were updated again in 2023 to improve environmental protection in England and enhance regulation of wastewater treatment systems.

The following changes apply to new discharges starting on or after 2 October 2023:

Discharge permitting
New discharges must not use the same outlet as any other discharge if the combined volume exceeds 5,000 L per day to surface water. A permit is required if the combined volume of new and existing discharges exceeds this limit.
Minimum distance requirements
New discharge locations must be at least 50 m from any other foul drainage solution discharging under the General Binding Rules. A permit is necessary if the new discharge does not meet this distance requirement.

Summary of the current General Binding Rules

If your septic tank discharges into a watercourse, no matter when it was installed, you need to upgrade to a sewage treatment system. This upgrade can be either a treatment plant or a secondary treatment system added to your septic tank.

If your septic tank discharges to a drainage field, make sure the drainage field meets the following requirements:

Must be at least 10 m from a watercourse
Must be at least 50 m from a water abstraction point
Must be at least 15 m from any nearby building
Should be located away from sensitive areas (otherwise, a permit from the Environment Agency is required)

If these criteria are unrealistic on your site, you may consider connecting your property to the local sewage network, if available. However, this can be a significant financial investment, so it's essential to do your research to ensure this option makes sense for you.

Similar rules in other parts of the United Kingdom

The General Binding Rules are specific to England. Similar regulations exist in Northern Ireland, Scotland, and Wales:

Northern Ireland
You must apply for discharge consent from the Department of Agriculture, Environment and Rural Affairs.
Scotland
Register your septic tank or sewage treatment plant with the Scottish Environmental Protection Agency (SEPA).
Wales
Register your septic tank or sewage treatment plant with Natural Resources Wales.

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