Homes off the mains gas network often heat with oil, and a large tank in the garden is part of what a buyer or tenant inherits on moving day. GOV.UK sets out who is responsible for the tank, what building rules apply to a new or replacement one, when a bund is needed and what to do after a leak. This article summarises the GOV.UK guide “Storing oil at your home or business” and the separate GOV.UK guidance on oil storage regulations for businesses. The home guidance is written for England and says there are different building regulations in Wales, Scotland and Northern Ireland, so the rules below are for England unless stated. This is general information, not legal or engineering advice.
Who is responsible for the tank
GOV.UK says the person responsible for the property or premises is usually legally responsible for the oil storage container, for example the homeowner. For a household that means the new owner from completion. The guide also says the regulations depend on where the oil is stored: at home, building regulations normally apply if a container is installed, and if a container can hold 3,501 litres or more the regulations for businesses apply instead. The separate business guidance says a home container of 3,501 litres or more falls under those rules, and that a business container of 201 litres or more of listed oil types does. A farmhouse heating tank follows the home regulations under the overview.
New or replacement tanks in England
The GOV.UK guide says building regulations must be met if a new or replacement oil storage container is installed at a home in England, for example to fuel a cooker or central heating. It advises choosing an installer registered with a “competent person” scheme, who can self-certify that the work complies and deal with building control issues. If the installer is not registered, the householder must obtain a Building Control Notice from the local council and arrange and pay for an inspection. Without approval, GOV.UK warns, the certificates of compliance that may be needed when selling a home will not be available. The person installing the tank could be prosecuted and fined for non-compliance, and the householder is responsible for making sure the work meets the regulations, so a local authority could make them pay to fix faulty work.
A buyer moving into a property with a recently replaced tank should ask for the compliance certificate. The site’s guide to new-build home warranties covers a different set of documents.
When a bund is needed
A bund is secondary containment: an outer case that holds the tank. GOV.UK says the installer will carry out a risk assessment and say whether the tank needs one, and that the bund must hold 110% of the tank’s capacity and be impermeable to oil and water. A bund is needed where the tank is in any of these places:
- where oil spills could run into an open drain or a loose manhole cover;
- where the tank vent pipes cannot be seen during filling, for example because the tanker is parked too far away;
- within 10 metres of coastal waters or inland fresh waters such as lakes or streams;
- within 50 metres of a drinking water source such as a well, borehole or spring;
- where spills could run over hard ground and reach coastal waters, fresh waters or a drinking water source;
- in the inner zone of groundwater source protection zone 1.
A bund is also needed if the tank can hold more than 2,500 litres. Homes on private water supplies should note the well and borehole distance in particular; the site’s guide to private water supplies explains what buyers and tenants take on there.
Inspection, labelling and leaks
The overview page says a tank should be inspected every year by someone registered with a competent person scheme, who will say when it should be replaced, and it says the industry body Oil Care suggests checking for damage or leaks at least once a month. The tank should carry a sticker in a prominent position telling the owner how to look after the oil and what to do in a spill; if it is missing, one can be ordered. If there is a leak or spill, GOV.UK says to stop the oil spreading if possible, follow the sticker and the Oil Care website, not to clean up the spill yourself, and to get help from the insurer, the Environment Agency or the oil supply company. It warns of possible legal action if a spill pollutes a watercourse, and that all types of oil, even those sold as “environmentally friendly” or “green”, must be dealt with correctly.
A move-day checklist for an oil-heated home
- Ask the seller or landlord for the tank’s age, its installer, any compliance certificate and the date of the last annual inspection.
- Check that the tank has the care sticker, is not visibly damaged and sits on a sound base with a bund where one is required.
- Agree in writing what oil remains in the tank at completion and who orders the next delivery.
Common questions
Does a tenant own the tank?
GOV.UK says the person responsible for the property is usually legally responsible for the tank. Who that is in a rented home turns on the tenancy and the landlord’s obligations, so it is worth asking in writing.
Do these rules apply in Scotland, Wales and Northern Ireland?
The home guidance says there are different building regulations in Wales, regulations in Scotland and regulations in Northern Ireland.
The bottom line
For an oil-heated home in England, GOV.UK says the property’s responsible person, usually the owner, carries legal responsibility for the tank, that a new or replacement tank must meet building regulations, that bunding is required in specified locations and above 2,500 litres, and that annual inspection is advised. Asking for the tank’s certificate and inspection history before moving day avoids inherited problems. Wales, Scotland and Northern Ireland have separate rules.