Our experience with buying a house in France is that the real estate agents basically expect us to flaunt the laws considering septic tank issues and ignore maintenance recommendations because nobody is enforcing anyway. We made an offer on a house and we thought we had put in a clause that the offer is only valid without any unexpected expenses popping up after inspections. So the septic tank has been inspected and it is not compliant. We wrote to the realtor and stated somewhere casually that we expect that the offer will be reduced by the quoted amount of the repairs on the septic tank. Our realtor comes back to us and tells us that she needs to go back to the vendors and renegotiate, which sounds to us like she didnāt present the offer to the vendors with he clause. She keep on telling us that we have a year to get it compliant, but that a lot of people are not bothering to do this. It is unlikely that they will check anyway, although spot checks do occur. This seems really sketchy and sounds like everybody is just flaunting the rules and regulations, so we should too. We figure that these regulations are in place at least partly to protect the environment and we donāt really want to contribute to polluting the ground water. This is all very confusing and we could use some advise about how to deal with this situation. Thanks!
Hello @Arjen and Welcome to the forum.
As far as I am aware, the Purchaser agrees (in writing) to correct the Septic Tank situation within 12 months if it is non-conforming at time of Purchase.
Thus the āsituationā is clearly something which the Purchaser knows about and officially agrees to pay for/have done within the timeframe.
I cannot understand any EstAgent saying you can ignore thisā¦
Stick to your guns, make the Offer reduced by whichever sum is applicable. Quotes are easily obtained. Weāve threads about this elsewhere on the forumā¦
EDIT As the Septic tank is something which has to be inspected and reported onā¦ for the Sale/Purchaseā¦ it will be noted by the Septic Tank Authorities (for want of the correct title) that this STank does NOT conformā¦ and they will be expecting it to be done within the timeframeā¦
Thus it is all documented/logged-on/whatever with them and with the Notaireā¦ and it will not be ignored forever.
You ignore it at your perilā¦
you will risk having to get the work done āimmediatelyā (possibly at higher cost than currently) plus you will incur financial penalties (Fines)ā¦
and it might well bring into question your credibility/honesty. (not a nice situation in which to find oneself.)
This is the reality of the situation on the ground, so the estate agent is not totally out of line with what happens, but do you want to accept the risk that you might have a spot inspection and then be expected to sort out the issue afterwards without any recourse to the buyer ?
of course, we donāt know the full situation re the STank and how it is ānon-conformingā.
but if there is any possibility of it contaminating the ground water supply or anything similarā¦ all bets are off ā¦ and the work needs doing now, certainly within the timeframe
Speak with your Notaire ā¦ 
My old commune had a list at the mairie of non-conforming septic installations and SPANC were dealing direct with each proprietaire so ignoring the situation may end up with the same and heavy fines if not conforming. If it were me buying the place, I would bring allthis up now and insist it be sorted or the price reduced to compensate, vendors are deemed to know what their property has and the diagnostics property inspection for such things should state it too along with the other compulsory items
Just my opinion, but regardless of potential legal issues I wouldnāt want to buy a house with a dodgy fosse septique so would be expecting a renovated tank with assurance decennale from the artisan or deduction from the sale price, or itās no deal.
Iām with Chris, above. There are lots of houses for sale in France so walk away if they donāt agree.
We were dead set on buying our house, whilst knowing from the diagnostic report that the fosse was definitely non compliant (as is probably quite often the case with rural properties)ā¦Vendors (couple on total non-speaks and fighting a prolonged, vicious divorce battle) refused to do the upgrade themselves but did eventually agree between themselves to reduce the price by 50% of estimated cost of a new fosse.
Iām glad they didnāt do the fosse work as it enabled us to explore all the potential options for new fosse. We went for one (a MicroStation) that undoubtedly the vendors would not have selected, as it was more expensive (and suitable) than the trad. fosse a toutes eaux that they would probably have put in, if forced. We proactively approached the relevant agency, SPANC, with our proposals to upgrade, which slightly threw them as they informally admitted they werenāt used to dealing with people who were not being forced kicking and screaming to remediate!
Our MicroStation cost about ā¬11,000 all in
About half of the houses sold do not have conforming septic tanks.
We have just replaced ours in our new to us home, we knew it needed to be done. Cost was just over 8kā¬ for a full replacement of tanks, filter beds etc.
Septic tanks are so common here and there are many companies that can replace them, just get a few quotes from reputable companies.
similar reaction when our American friends bought their latest property. SPANC couldnāt be more charming and helpful, once theyād got over the shockā¦ and I had a whale of a time translating both sides of the conversationsā¦
(and, no, these werenāt Americans with pots of money, just ordinary folk who wanted things done correctly.)
Yes good thought - despite the hassle if you get the fosse done yourselves you will at least have a choice of what type and its quality!
Iām wondering about the parallels, if any, between selling a property with a non-conforming fosse, which, you might say, is a property with a āFailā C.T. and selling a car with no C.T./< 6 month C.T. which you cannot do.
It seems from the comments above that it is legal to sell a property with a non-conforming fosse, simply being a choice of the buyer to accept all/some/none of the cost of a conforming fosse.
It that the situation?
Yes, that is the situation.
So no vice-cachƩ down the line later on then. Caveat Emptor.
mind you, Iād be asking myself what else might be wrong with the property and closely checking all the Reportsā¦ 
Thanks for all your input. This is good information. Also found some of the old stuff posted on this.
Not only that but if you have a groundworker on site to install a new fosse itās a very good time to get other underground services dug in.
Getting empty gaines underground when the whole place is in uproar is a shrewd move. The cost of putting stuff in later is always going to be a lot more expensive, plus you get your garden wrecked again.
Itās also an ideal time to put in some proper electrical earthing if your installation is a bit ropey. Iāve had so many clients whoāve missed this option, simply through lack of awareness.
Hmmmm ā¦ my mate Danish Jorgen is something of a workaholic. Heās flat to the boards as a civil engineer designing foundations for wind turbines, at which the Danes excel, but he took time off to qualify in the design and installation of sewage systems. He has a pal who is mustard with a JCB but dislexic enough to come unstuck with the ādocamentiā and budgeting.
So, in our pursuit of Plan A, a property south of the Loire, we might do well with place with a non-conforming fosse, beat the sellers over their heads with it and Jorgen can instal the new one. Quids in!
How about those onions!
May work but the weak spot in your plan is that if the seller does not see it as a major issue, which many French people genuinely do not, he will just see a foreigner making a ridiculous amount of fuss over nothing.
In that case make sure he hires a JCB and not the CBJ. I donāt think the Columbia Blue Jackets are very experienced with drainage