- Health Canada says to test well water for microbes at least once every 6 months, and any E. coli means the water is unsafe to drink.
- A neighbour's well result cannot be relied on, so test the well you are buying.
- Septic filings are made with the health authority, but health authorities are not given an approval role over them.
Acreage without city water or sewer means you own the systems that supply your water and treat your waste. If the well runs dry, tests badly or the septic field fails, who bears the cost of putting it right depends on your contract and the facts, so it is worth confirming with a lawyer.
This article explains the checks buyers commonly make in British Columbia and how to think about problems that show up after closing. What you can do after closing depends on your contract and the facts, so a lawyer can look at your situation.
This article covers the law of British Columbia.
Testing the well before you commit
Health Canada guidance says to test well water for microbes at least once every 6 months. Any E. coli in a sample means the water is unsafe to drink. Nitrate can only be found by a lab test, and the maximum acceptable concentration is 45 mg/L, or 10 mg/L as nitrate-nitrogen.
A neighbour's well result cannot be relied on. Wells on adjoining lots can differ in depth, construction and water quality, so the test needs to be on the well you are buying.
- Arrange a lab test for microbes and nitrate, not just a visual check
- Ask for past test results and any well records the seller has
- Ask how much water the well produces in the driest part of the year
- Make sure your offer gives you time to receive the results before subjects are removed
Understanding the septic system
Under the Sewerage System Regulation, an authorized person files with the health authority before a system is constructed. That person is a registered onsite wastewater practitioner for Type 1 and 2 systems, or a professional who can also handle Type 3 systems. A letter of certification is due within 30 days of completing construction.
Health authorities are not given an approval role over these filings, although health officers may review them. In other words, a filing on record is not the same as a health authority confirming that the system works well today.
Whether to have a septic inspection before buying is a choice you make through the conditions in your offer, rather than something a general rule requires. An inspection by a qualified person can tell you about the tank, the field and any signs of failure. Ask the seller for the filing, the certification letter and any maintenance and pumping records.
Your water rights come with the land
Households using well water for domestic purposes are exempt from licensing and from paying provincial water fees and rentals, but all users of groundwater for non-domestic purposes, such as irrigation, commercial or industrial use, need a licence. If you plan to irrigate a field or run a business from the property, check this before you buy.
If the land comes with a water licence, its rights and obligations, including water rental payments, are tied to the land on the Land Title, so a buyer takes on the licence and its rentals. Ask to see the licence and confirm that rentals are paid up.
When problems appear after closing
If a well fails or a septic field backs up after you take possession, your options depend on what the contract says, what the seller disclosed, what the seller knew and what you could have found out. Pre-purchase testing and post-closing remedies are not set out in a single statute, so the outcome turns on the facts.
Keep your inspection reports, test results, photos and all messages with the seller and agents. Do not repair or replace everything before getting advice, because early evidence can matter. A lawyer can tell you whether a claim is realistic and what deadlines may apply.
What to do next
- Include conditions in your offer for a well test, a flow test and a septic inspection
- Send water samples to a lab and read the results before removing subjects
- Ask for septic filings, the certification letter and maintenance records
- Ask whether any water licence exists and whether rentals are current
- Confirm your planned water use is domestic, or find out whether a licence is needed
- Have a lawyer review the contract, disclosures and any problems found
Frequently asked questions
How often should a well be tested?
Health Canada guidance says to test for microbes at least once every 6 months. Nitrate requires a lab test. Test before you buy and keep the results.
Can I rely on my neighbour's well test?
No. A neighbour's well result cannot be relied on, so the well on the property you are buying should be tested.
Does the health authority approve a septic system?
Health authorities are not given an approval role over septic filings, although health officers may review them. An authorized person files before construction, and a letter of certification is due within 30 days of completing construction.
Can I get compensation if the well or septic fails after closing?
It depends on your contract, what was disclosed and what the seller knew. Keep all records and speak with a lawyer promptly, since time limits and the facts can affect your options.
Sources
- Province of BC – Requirements for Groundwater Users — www2.gov.bc.ca
- Province of BC – Frequently Asked Questions about water billing — www2.gov.bc.ca
- BC Laws – Sewerage System Regulation, B.C. Reg. 326/2004 — bclaws.gov.bc.ca
- Health Canada – Well water and your health: Test your well water — canada.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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