Cottage owner? Here's some dirty business you need to know about

By Jayson Schwarz
September 15, 2024

So, there you are, sitting and rocking in the hot sun, and the breeze brings you the smells of summer. How wonderful. Wait… what is that smell? Oh, leakage… you have to pump the tank.

Cottage residences are typically not hooked up to municipal sewage systems. In these instances, a septic tank is required to capture and store wastewater. Let’s explore some of the considerations inherent in the ownership and maintenance of septic systems.

Dangerous pollutants

When you first purchase your cottage property, your lawyer will typically have arranged for an inspection to ensure the septic system was properly functioning as at the date of closing. Like any other mechanical system, however, it can degrade over time if not properly maintained.

It is important that cottage owners have good knowledge about their septic systems; particularly those who own – or are looking to purchase – waterfront residences. If your system leaks in any way, it could allow dangerous pollutants to enter into the lake. As such, faulty septic systems can be very dangerous, as improperly treated wastewater can compromise not only your health but the environment as well.

Proper and diligent maintenance of your septic system is not only prudent from a health and environmental perspective, it is also legally mandated; Part 8 of the Ontario Building Code provides the regulatory framework for septic systems in this province. The draw of cottage country is the pristine natural beauty it offers. Weighing in largely on this front are the lakes cottagers swim in, boat on and fish in. Remember, we often bathe in, wash in and brush our teeth with the water from the lake. Waterfront cottage owners must appreciate the legal consequences inherent in any negligent contamination of the water body they live beside.

Proper maintenance

An out-of-sight, out-of-mind approach to your septic system exposes you to hefty government fines if it is deemed to be emitting effluent into the environment. You also expose yourself to possible civil suits by any neighbouring cottagers whose use and enjoyment of their own properties is compromised by your faulty septic system.

For those of you wishing to construct, alter, enlarge or repair your cottage’s septic system, note that the Building Code mandates the acquisition of a permit before any work is commenced.

Cottage properties are scenic and beautiful escapes from the hustle-and-bustle of the concrete jungle. Their value is in the nature that surrounds them; we must all do our part to maintain the environment around them in as clean and pristine a manner as possible. Proper maintenance of septic systems is mandatory in this respect.

About Jayson Schwarz

Jayson Schwarz LL.M is a Toronto real estate lawyer and partner in the law firm Schwarz Law Partners LLP. Visit the website at schwarzlaw.ca or email your questions about real estate to info@schwarzlaw.ca

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