Back to News & Updates

SEPTIC TANKS GET A MAKEOVER

Scotland’s new environmental licensing regime is now in force, replacing a patchwork of separate environmental regulations with a single framework under the Environmental Authorisations (Scotland) Regulations 2018 (“EASR”). The new regime is intended to simplify environmental regulation and create a more consistent approach across a range of water, waste and industrial activities. 

For many rural property owners, the immediate question will be whether pre-existing registrations for septic tanks and private drainage systems are affected. Most routine domestic septic tank and drainage system registrations which originated under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (“CAR”) transitioned automatically into an EASR authorisation on 1 November 2025. Following a transitional period from 1 March 2026, these EASR authorisations became subject to a standard set of conditions published by SEPA, namely: 

  • Prior to discharge, the sewage effluent must be treated to at least the standard described or subjected to at least the standard described in the preceding CAR registration. 
     
  • The treatment system and outfall pipe must be maintained so that they are fully functioning except during any period when maintenance work is being carried out.
     
  • The discharge must not have a significant impact on any supply of water for human consumption that was in existence at the date of application for the preceding CAR registration. 
     
  • The discharge must not have a significant impact on the water environment as a result of: 
     
    • iridescence or sheen; 
    • discolouration;
    • deposition of solids;
    • increased foaming; or 
    • microbiological growth. 

These standard conditions are published by SEPA under reference EASR-SC-039 and may be updated from time to time. Responsibility for compliance will normally rest with the owner of the property served by the septic tank or private drainage system as the person responsible for the discharge. A failure to comply may constitute an offence. 

EASR extends beyond septic tanks. For many higher-risk, non-standard water, waste and industrial activities, operators may need to apply for a new authorisation, update the authorised person or comply with the revised conditions. The required action (if any) will depend on the activity in question. In addition, certain activities that previously required no consent now need an authorisation under the new regime, with each activity having its own transition window. 

If you would like to discuss any of these aspects further, please click the image below and get in touch with your Turcan Connell contact.