Older brick-red cottage with a chimney and garden in Victoria, BC
An older cottage in Victoria, the kind of home that was often heated with oil. Photo: John Newcomb, CC BY 3.0, via Wikimedia Commons.

Published October 2026. Rules, bylaws and rebates checked October 30, 2026.

Before natural gas reached Greater Victoria builders in 1992, oil was a common way to heat a house here, and the fuel usually sat in a steel tank of about 1,000 litres, often buried in the yard. Many of those tanks were drained and forgotten when owners switched to electricity or gas. Decades later a forgotten tank can rust through, push oil into the soil, the drains and the neighbour's lot, and leave the current owner, and sometimes past owners, with a cleanup bill in the tens of thousands of dollars or more. Here is how to find out whether a property has a tank, what each municipality requires, how removal works, and how to handle a tank when you buy or sell.

13,055Capital Region households with oil heat in 1991, an estimate its authors call low
1992the year natural gas became available to Greater Victoria builders
15 to 25 yrsaverage life of an underground oil tank, according to the City of Victoria
2 yearsout of service before Saanich requires a buried tank to come out

Why so many Victoria-area homes had oil tanks

For most of the last century there was no piped natural gas on southern Vancouver Island, so a house with a central furnace or boiler usually burned furnace oil stored on site. A University of Victoria Environmental Law Centre report notes that this changed in 1992, when a natural gas line from the mainland reached the region, and a 2014 study of oil heat in the Capital Regional District found that gas quickly became the builders' fuel of choice. That study estimated that at least 13,055 households in the region still had oil heat in 1991, about one in ten, and called the figure an underestimate.

The tank was typically about 1,000 litres and sat outside on legs, in the basement, or buried in the yard. Oak Bay's fire department notes that buried tanks were common until the late 1950s, and that many were simply abandoned when owners moved to an above-ground tank, gas or electricity. Oak Bay alone was estimated to have about 1,800 buried tanks in 1998 and about 375 by 2012.

When the house was builtWhat was typicalPractical risk of a buried tank
Before about 1960Oil heat widespread; buried tanks common, according to Oak Bay's fire departmentHigh Assume there may be a tank, or more than one, until records or a scan say otherwise
About 1960 to 1991Oil still common alongside electric heat; tanks outside, in the basement or buriedModerate Check carefully, especially if the home was later converted to electric or gas heat
1992 or laterNatural gas available to builders; oil fell out of favour for new homesLow Still worth asking if an older house stood on the lot before, or if the area has no gas service

These ratings are a rule of thumb, not a substitute for records and a scan. The older the housing stock, the closer the look should be: much of Fairfield, Fernwood, James Bay, Rockland, Oak Bay and Esquimalt, and the older parts of Saanich, are full of early and mid-century houses.

A conversion is a clue, not an answer. Switching from oil to electric or gas heat did not take the old tank out of the ground. In one Saanich case decided by the BC Supreme Court, a buried tank decommissioned in 1981 was found to still hold oil three decades later, when it corroded and sent oil through a neighbour's drains into the Gorge Waterway.

The risks

The danger of an unused buried tank is slow failure, with the cost landing on whoever owns the land and sometimes on whoever owned it before.

Corrosion and leaks

Why old tanks fail

Steel tanks rust from the outside, and from the inside as water condenses under the oil with sludge and bacteria. The City of Victoria puts the average life of an underground tank at 15 to 25 years. In an Insurance Bureau of Canada study of 663 home oil spill claims, corrosion caused more than half.

Soil, drains and creeks

Where the oil goes

Rain carries leaked oil through the soil into perimeter and storm drains, and from there into creeks and the shoreline. A 2014 regional report counted at least eight oil spills in Saanich's Colquitz watershed since 2011 alone.

Migration onto neighbouring land

Your tank, their yard

Current and past owners of the property that oil migrated from are responsible for cleaning up the neighbour's land too. In the Saanich case above, the neighbour was awarded $30,000 for tracing the source, and $90,000 was ordered into trust against an estimated $60,000 to $120,000 of work on her lot.

Liability that follows the property

Current and previous owners

Liability for remediation is absolute, retroactive, and joint and separate. The main exemption for a buyer requires showing you had no reason to suspect contamination and made all appropriate inquiries before buying, so skipping the checks can cost you that defence.

Insurance exclusions

Often not covered

The CRD warns that home insurance generally does not pay for oil spill cleanup, and a 2012 UVic study found pollution exclusions at all but one insurer selling home policies in Victoria. Many insurers also want a buried tank removed before they will cover the house.

Lenders and resale

Financing and value

The CRD notes that insurers and lenders typically require full removal and soil testing, and Oak Bay's guidelines say some lenders will not fund without it. A contaminated property can end up on the public provincial Site Registry, which can make a sale slow or impossible.

The provincial rules

Three sets of provincial rules apply: the BC Fire Code (how a tank is taken out of service), the Environmental Management Act and Contaminated Sites Regulation (who pays when oil gets into the ground), and the Spill Reporting Regulation (when a leak must be reported).

Fire safety

BC Fire Code

  • Removing, abandoning in place, disposing of or temporarily taking an underground tank out of service must follow good engineering practice (Article 4.3.16.1 in the 2018 edition).
  • A scrapped tank must have openings cut in it so it cannot be reused.
  • An above-ground tank out of service for more than 180 days must be emptied of liquid and vapour.
  • After a spill, reasonable steps must be taken to recover the oil and remove or treat contaminated soil.

Contamination

Environmental Management Act

  • Current and previous owners are responsible for remediation, as are owners of a site that oil migrated from.
  • Liability is absolute, retroactive, and joint and separate.
  • Independent remediation needs written notice to the ministry within 3 days of starting and within 90 days of finishing.
  • Neighbours must be notified when contamination has, or likely has, migrated onto their land.

Emergencies

Spill reporting

  • Report immediately to 1-800-663-3456 when 100 litres or more spills, or any amount enters or may enter water.
  • The City of Victoria also advises calling that line when oil enters a drain or road or contaminates soil or groundwater, and reporting any leak to the fire department.
  • Call 911 if anyone is in danger. Never wash oil into a drain.

The 2024 BC Fire Code now in force adopts the 2020 National Fire Code with a few BC amendments, none of which touch these tank provisions; the article numbers above are from the 2018 edition. Provincial guidance treats residential underground tanks of any size, and above-ground tanks over 2,500 litres, as Fire Code tanks; a smaller tank feeding a furnace falls mainly under the CSA B139 installation code and the BC Building Code. Fire departments apply these rules through local bylaws, so permits differ from town to town. Tanks on federal and First Nations reserve land fall under federal regulations instead.

What "good engineering practice" means. The Fire Code's explanatory notes point to the national CCME code of practice for storage tank systems. In plain terms: empty and clean the tank, remove it or properly abandon it with its piping, test the soil, dispose of the waste through licensed channels, and document it all.

Municipal permits and bylaws

Core municipalities expect a fire department permit or sign-off before a tank comes out, but differ on whether an inactive tank must be removed and what proof they want.

Victoria

Removal rules: No general rule forcing removal of an inactive tank was found. Removal is regulated under the BC Fire Code and the Environmental Management Act; the City recommends a qualified environmental professional.

Permit and fee: Fuel storage tank permit under Bylaw 07-049, $100, from the Victoria Fire Department's Fire Prevention Division, 1025 Johnson Street (250-920-3360).

Inspection and proof: A Fire Prevention officer must inspect the excavation before backfilling. The City advises getting a final report with soil and disposal details, a site plan and photos.

Saanich

Removal rules: Bylaw 9265, amended in 2021: a buried tank must be removed when permanently taken out of service or after 2 years out of service, whichever comes first. Inerting in place is considered only where removal would compromise a foundation or structure. The 2021 change does not apply to tanks already properly inerted under a Saanich permit.

Permit and fee: Permit from Saanich Fire Prevention (250-475-5500). $100 for tanks up to 1,400 litres; $200 if work started without a permit.

Inspection and proof: Soil testing by a certified environmental engineer is mandatory, with the report sent to the Fire Chief. Contaminated soil must be replaced with clean fill.

Oak Bay

Removal rules: Bylaw 4144: any tank must be withdrawn from service in strict accordance with the BC Fire Code. Fire department guidelines strongly recommend removal over inerting.

Permit and fee: $100 permit and inspection fee to remove or render inert an underground tank. Oak Bay Fire, 250-592-9121.

Inspection and proof: The fire department must witness a removal. If contamination is suspected it issues a stop-work order and reports the site to the province.

Esquimalt

Removal rules: Tanks no longer used, or out of service for 2 years, should be removed if at all possible; the inspector may allow cleaning and filling in place if removal is impractical.

Permit and fee: Permit before work starts, $50, paid at Municipal Hall; the Fire Hall signs Part A (250-414-7126).

Inspection and proof: Compliance review, then Part B sign-off. A $52.50 Property Information Letter lists tank permits on record.

Central Saanich

Removal rules: Permit process for installing, removing or altering an oil tank.

Permit and fee: Apply at Fire Station #1, 1512 Keating Cross Road.

Inspection and proof: Historic records from the building department (250-544-4217).

Langford, Colwood, View Royal, Sidney, North Saanich, Sooke and others

Removal rules: Rules vary.

Permit and fee: Call the local fire department before work starts.

Inspection and proof: Ask what inspection and soil testing it requires.

Today's rules apply, not the old ones. A BCREA legal update points out that the laws in force when a property is sold are the ones that matter, not those in place when an earlier owner dealt with the tank. A tank inerted legally decades ago may not satisfy today's bylaw, buyer, insurer or lender.

How to find out whether a property has a tank

No single source answers the question. Combine the physical clues, the paper trail and, for any older house, a professional scan.

Clues on the property

  • Fill and vent pipes. A short capped pipe in the lawn, a garden bed or beside the foundation is the classic sign; a thinner vent pipe may run up the wall.
  • Fuel lines through the foundation. Copper lines or capped stubs through the basement wall or floor, or a long narrow patch in the concrete, point to an old tank.
  • A sunken patch of lawn over a rectangular area.
  • Furnace history. An unused chimney or converted forced-air system suggests oil heat at some point. Ask when the house converted and what happened to the tank.

The paper trail

  • The Property Disclosure Statement asks whether the seller is aware of any past or present underground oil storage tank. A "no" only means the seller is not aware of one.
  • Municipal records. Victoria's VicMap property report shows historical permit cards; Esquimalt sells a Property Information Letter; Saanich, Oak Bay and Central Saanich can be asked directly.
  • Gaps. A 2014 regional report found municipal records inconsistent and often voluntary, and Victoria's records do not show where on the lot a tank sits.
  • The home inspection. See the home inspection guide.

Oil tank scans

A scan, or sweep, uses instruments to look for a buried steel tank. The CRD's guide lists metal detectors, ground-penetrating radar and electromagnetic surveys.

MethodHow it worksLimits
Metal detector or magnetometerDetects buried metal, or the disturbance a steel object makes in the earth's magnetic field; a fast sweep of a whole yardConfused by fences, rebar, debris, pipes and vehicles
Ground-penetrating radarRadar pulses reflect off buried objects, showing shape and approximate depthWet clay and deep fill limit depth; needs a skilled operator
Electromagnetic surveyMeasures changes in ground conductivity; covers ground quicklyInterference from utilities and other metal
A clean scan is evidence, not a guarantee. The CRD notes that scanning services are not regulated, accuracy varies and providers are not liable for tanks they miss. In an Esquimalt case and a Saanich case, an earlier scan had found nothing and a tank turned up later. If a scan finds one tank, keep looking: some properties have more than one.

Decommissioned in place or removed?

A tank taken out of service falls into one of three categories, and buyers, insurers and lenders treat them very differently.

Worst case

Abandoned

  • Left in the ground with no permit and no cleaning.
  • Often still holds oil, sludge or oily water.
  • Will keep corroding until it leaks.

Sometimes allowed

Decommissioned in place

  • Cut open, pumped, cleaned and, after inspection, filled with sand or another inert material.
  • The soil under the tank is not seen unless sampled.
  • Saanich now allows it only where removal would compromise a foundation.
  • Often not accepted by insurers, lenders or buyers.

The standard

Removed

  • Tank and piping lifted out and scrapped.
  • Excavation inspected and soil sampled.
  • Leaves a permit sign-off, photos and lab results.
  • What most buyers, insurers and lenders want.

The CRD's guide says fire departments now prefer and strongly recommend full removal, even where a bylaw allows decommissioning in place, and that insurers and lenders typically require removal with soil testing. Only removal lets anyone see and sample the soil where a leak would have been. Cost is rarely a good reason to leave a tank: when Saanich moved to require removal, a councillor reported staff advice that removal cost only slightly more than inerting, within about $100.

The removal process, step by step

  1. Hire the right people. An experienced tank removal contractor and, as the City of Victoria recommends, a qualified environmental professional. Get at least three quotes and a written scope of work. In Saanich, soil testing by a certified environmental engineer is required.
  2. Get the permit first. Apply to the fire department before any digging. Saanich also requires written notice to the Fire Chief.
  3. Locate and expose the tank. Arrange utility locates, then excavate. Tanks near a foundation or property line may need shoring.
  4. Pump out the contents. Oil, sludge and oily water go to a licensed waste carrier; the province regulates these special wastes.
  5. Cut open and clean the tank so it can be lifted safely.
  6. Lift out the tank and piping. Fill and vent pipes and fuel lines are removed or capped, and the scrapped tank has openings cut so it can never be reused.
  7. Fire department inspection. An inspector views the open hole before anything goes back in; Victoria requires this before backfilling and Oak Bay must witness the removal.
  8. Soil sampling. The environmental professional samples the walls and floor of the excavation for petroleum hydrocarbons and compares lab results with provincial standards.
  9. Backfill or remediate. Clean results mean clean backfill; anything else turns into remediation.
  10. Close the file. Get the permit signed off and a final report with the tank, soil and disposal records, a site plan, photos and lab results. In Saanich the engineer's report goes to the Fire Chief.

If oil is found in the soil

When contamination shows up, the job changes. In Oak Bay the fire department issues a stop-work order and reports the site to the province, which takes over; an environmental consultant must investigate, remediate and report. In Saanich, contaminated soil around and under the tank must be replaced with clean fill, backed by an engineer's report. Province-wide, independent remediation must be reported within 3 days of starting and 90 days of finishing, contaminated soil must go to an authorized facility, and neighbours must be told if contamination has crossed onto their land.

StageWhat it usually involvesWhy the cost climbs
1. Clean removalPermit, excavation, pumping, lab tests, clean backfillThe baseline job
2. Hot spot under the tankDig out impacted soil, truck it to an authorized facility, re-sampleSoil volume, disposal fees, extra lab work
3. Oil near or under the houseExcavation beside the foundation, shoring, possible basement workStructural protection and restoration
4. Groundwater or drains affectedMonitoring wells, drain cleaning or replacement, repeat testingMonths of monitoring and reporting
5. Oil off the propertyNeighbour notification, off-site investigation, municipal cleanup, legal claimsTwo properties, lawyers and charge-backs

Local examples show the range. In a 2020 BC Supreme Court case about an Esquimalt home, remediation after a tank was found during drain work cost $42,720 in early 2019. In the Saanich Gorge case, 12.82 tonnes of contaminated soil came out in the first days alone, the neighbour spent $30,000 finding the source, and her lot needed an estimated $60,000 to $120,000 of work. The 2014 regional report also describes a Saanich house demolished after a failed cleanup, with a reported bill of about $750,000.

Short ownership is not protection. In the Saanich case the court split the cost three ways: 50% to the long-time owner who decommissioned the tank in 1981, 35% to a couple who had owned the house for about five months, and 15% to the current owners.

Costs and timelines

Removal prices depend on tank size, depth, access and distance from the house, so get written quotes that spell out the scope. These are the published figures that can be pinned down.

ItemPublished figureSource
Tank permit, Esquimalt$50Township of Esquimalt
Tank permit, Victoria$100City of Victoria permit form
Permit and inspection, Saanich (up to 1,400 L)$100Bylaw 9265, Appendix A
Saanich permit applied for after work started$200Bylaw 9265, Appendix A
Permit and inspection to remove or inert, Oak Bay$100Bylaw 4144, Schedule B
Esquimalt Property Information Letter$52.50Township of Esquimalt
Extra cost of removal over inerting (Saanich staff)within about $100Times Colonist
Remediation, Esquimalt home, early 2019$42,720BC Supreme Court, 2020
Remediation estimate, neighbour's lot, Saanich$60,000 to $120,000BC Supreme Court

How long it takes

  • Before work starts

    First

    Quotes, the permit and utility locates; in Saanich, written notice to the Fire Chief.

  • Removal and inspection

    Site work

    Excavation, pumping, cleaning, lifting the tank and the fire inspection. Saanich requires inspection within 14 days of completion, with 24 hours' notice.

  • Lab results

    Allow for weeks

    A BCREA legal update warns that soil testing can take several weeks, which matters inside a subject period.

  • If contamination is found

    Weeks to months

    Ministry notices within 3 days of starting and 90 days of finishing, plus disposal, re-testing and reporting.

  • File closed

    Report and sign-off in hand

    Keep copies with your house records.

Documents to ask for

Whether you are buying a house where a tank was removed or closing out your own removal, these records make the job believable to a buyer, insurer or lender.

  • The fire department permit, signed off, such as Esquimalt's Part B or a Victoria permit marked as removed.
  • The contractor's removal report or certificate, with the date, tank size and condition, photos and a site plan.
  • The soil sampling report from the environmental professional, with sample locations, lab certificates and a comparison with provincial standards.
  • Disposal records for the oil, sludge, tank and any soil.
  • Remediation records, if any: the consultant's final report, ministry notices, any Certificate of Compliance and the property's Site Registry status.
  • For a tank left in place: the permit, the inspection record, what fill was used and any soil test.
  • For an above-ground tank: its age and label, the installation permit and recent inspection reports.
  • Weak evidence: a contractor's letter with no lab results, a scan report on its own, a permit never signed off, or a verbal assurance.

Handling a tank in a purchase or sale

If you are selling

The BCREA Property Disclosure Statement asks whether you are aware of any past or present underground oil storage tank. Answer accurately and attach your documents. If you know of a tank, or one removed without soil testing, deal with it before listing if you can: a clean report reassures buyers and lenders, while an unresolved tank invites low offers. Get legal advice on disclosure; a seller who knows of a buried tank and conceals it risks a misrepresentation claim.

If you are buying

For any house old enough to have had oil heat, make your offer subject to an oil tank scan and your review of any tank records, and leave enough time to agree on removal and soil testing if a tank is found. The guide to writing an offer in BC covers subject clauses, and the rescission period is no substitute for a proper subject. A BCREA legal update recommends that the contract say who investigates, who pays to remove the tank and clean up, whether costs are capped, and what happens if the estimate goes over the cap.

Cleanest

Seller removes before completion

  • Seller hires the contractor and environmental professional under a permit.
  • Buyer gets the sign-off, soil report and disposal records before completion.
  • Contract sets a deadline, a cost cap and a plan if contamination is found.

When time is short

Holdback

  • Part of the seller's proceeds stays in trust with a lawyer or notary.
  • Used for removal and cleanup; any balance goes back to the seller.
  • Needs clear terms on who controls the work and when funds are released.

Simple but risky

Price reduction or credit

  • Buyer does the work after completion.
  • Lender and insurer may not accept a house with a buried tank.
  • If contamination is large, the buyer bears it.
Illustrative example (hypothetical figures). Buyer and seller agree that $25,000 of the seller's proceeds will stay in the seller's lawyer's trust account until a tank is removed and a clean soil report delivered. Removal, testing and a small hot-spot excavation cost $18,400. The lawyer pays that invoice from the holdback and releases the remaining $6,600 to the seller. Had the work cost more than $25,000, the contract would need to say who pays the difference.
Wording matters long after completion. In the 2020 BC Supreme Court decision about an Esquimalt home, the contract required the sellers to ensure that any underground tank was removed and the soil remediated. An earlier scan had found no evidence of a tank, but contractors found one while replacing the buyers' perimeter drains more than two years after the sale. The court held that the term covered any tank, not only known ones, and survived completion, and awarded the buyers nearly $45,000. Have a lawyer review the wording, whichever side you are on.

A buyer who finds a tank after completion may also be able to recover remediation costs from other responsible persons, including previous owners, under the Environmental Management Act. See a lawyer with contaminated sites experience quickly.

Insurance and above-ground tanks

Insurance is often where a tank becomes a deal problem. The CRD's guide warns that home policies generally do not cover oil spill cleanup, and that insurers often set higher standards than the regulations, requiring for new or renewed policies a tank built to code, under a certain age and double-walled. Esquimalt's communications manager has said many insurers require buried tanks to be removed. Before you remove subjects, ask your insurer or broker:

  • Will you insure a home with a buried tank, whether active, decommissioned in place or of unknown status?
  • Do you require removal and soil testing, and what proof do you need?
  • For an above-ground tank, what age and construction do you accept, and how much longer is this one insurable?
  • Is oil spill or pollution cleanup covered, and to what limit, on my property and a neighbour's?

Tell your insurer about oil heat: one national insurer warns that not disclosing it could lead to a denied claim, and that it may ask for the tank's age, type and inspection reports.

Living with an above-ground tank

The Insurance Bureau of Canada's study found that newer tanks are not immune: 133 of the 663 claims involved tanks 0 to 5 years old, and outdoor tanks produced the most claims. BC rules do not set a replacement age for home tanks the way some provinces do, so your insurer usually decides when a tank must go. The CRD, the City of Victoria and the IBC recommend these habits:

  • Check the tank and fuel lines after every delivery for rust, wet seams and dents, especially at the leg welds.
  • Keep the tank full over the summer to limit condensation inside.
  • Protect the fuel line with a sleeve and check the fittings and shut-off valve.
  • Service the furnace and change the oil filter every year, and watch for unexplained jumps in oil use.
  • Keep a spill kit near the tank.
  • When replacing, install a certified tank under permit with a qualified installer; never buy a used tank or transfer old oil into a new one.

Switching from oil to a heat pump

Many owners solve the tank problem by getting rid of oil heat altogether. Incentives changed several times in 2025 and 2026, so confirm current terms before you sign a contract.

CleanBC and BC Hydro fuel-switching rebate

Up to $3,000: CleanBC up to $1,500 plus a BC Hydro top-up up to $1,500

BC Hydro residential account; home now heated mainly by oil, gas or propane; heat pump becomes the primary heat, sized for at least half the home; old and backup fossil systems fully removed, with proof; while funding lasts

CleanBC Energy Savings Program (income-qualified)

Up to $13,000 for a ground-oriented home switching from oil

Three income levels by household size; a four-person household qualifies at the highest level up to $189,800 of combined pre-tax adult income. Rebates were reduced on July 6, 2026. Not combinable with the Better Homes rebate for the same upgrade.

Federal Oil to Heat Pump Affordability

Closed to new applicants

Natural Resources Canada's program page lists July 31, 2026 as the last day to apply, with final receipts due by January 31, 2027

Saanich Heat Pump Financing

Up to $12,000 at 0%, repaid over 10 years on property taxes

Homes heated with oil, gas or propane; half the spaces for income-qualified households; the fall 2026 intake closed October 13, 2026

Sidney and View Royal top-ups

$350 each for oil to an air-source heat pump; Sidney adds $500 for an electrical service upgrade

On top of CleanBC rebates

Plan the tank into the project. BC Hydro's rebate requires the old fossil fuel system to be removed, so ask your contractor how the tank will be handled. Removing an above-ground tank still needs a permit in municipalities such as Esquimalt, and leftover oil must go to a licensed carrier. If an old buried tank is also on the lot, deal with both at once.

Checklists

Buyers

  • Note the year built and ask how the house has been heated over time.
  • Look for fill pipes, fuel lines and floor patches at the first showing.
  • Read the PDS answer on underground tanks and ask for records.
  • Make the offer subject to a scan and your review of tank records.
  • If a tank is found, agree in writing on removal, soil testing, a cap and timing.
  • Ask your insurer and lender what they require before removing subjects.
  • Get the sign-off, soil report and disposal records before completion.

Sellers

  • Pull municipal records and old permits before you list.
  • Consider your own scan to avoid surprises in a buyer's subject period.
  • Remove a known tank under permit, with soil testing, before listing.
  • Answer the PDS accurately and attach the reports.
  • If the tank will be handled after acceptance, agree on scope, a cap and a deadline.
  • Have a lawyer review any tank clause, including whether it covers unknown tanks.

Current owners

  • Find out whether your house ever had oil heat, and check municipal records.
  • If a buried tank is likely, scan now rather than at sale time.
  • Remove an unused buried tank under permit, with soil sampling, and keep the file.
  • If you still use oil, inspect the tank after each delivery and service the furnace yearly.
  • Ask your insurer how much longer your tank is insurable and what is covered.

Questions and answers

Does a house built after 1992 need an oil tank scan?

Usually the risk is low, because natural gas became available to Greater Victoria builders in 1992 and oil quickly fell out of favour for new homes. A scan can still make sense if an older house stood on the lot before, if the area has no gas service, or if you see a fill pipe or fuel line.

The seller says the tank was decommissioned in place years ago. Is that good enough?

Ask for the permit, the inspection record and any soil test. Even with paperwork, many insurers, lenders and buyers want the tank removed and the soil sampled, because the soil under it was never examined. In one Saanich case a tank decommissioned in 1981 still held oil decades later and leaked onto a neighbour's property.

Who pays if oil from my old tank reaches my neighbour's yard?

Under the Environmental Management Act, current and previous owners of the property the oil came from are responsible for cleaning up the neighbour's land, and liability is absolute, retroactive, and joint and separate. A court can split the cost among owners.

Will home insurance cover an oil tank leak?

Often not. The CRD warns that home policies generally do not cover oil spill cleanup, and a 2012 UVic study found pollution exclusions at all but one insurer selling home coverage in Victoria. Some insurers offer limited oil spill coverage, so ask exactly what is covered and to what limit.

Is a clean scan a guarantee that there is no tank?

No. The CRD notes that scanning services are not regulated, accuracy varies and providers are not liable for tanks they miss. Tanks have been found during drain work years after a scan found nothing.

How long does a removal take?

The digging and lifting are the short part. Permits come first, and a BCREA legal update warns that soil testing can take several weeks. If contamination is found, remediation and reporting can take months.

I found a tank after buying. Can I recover the cost from the seller?

Possibly, depending on the facts: under the contract, for misrepresentation on the Property Disclosure Statement, or under the Environmental Management Act against previous owners. In a 2020 BC Supreme Court case about an Esquimalt home, buyers recovered nearly $45,000 because the contract made the sellers responsible for any tank. Get legal advice quickly.

Do I have to report a small oil spill?

A spill of 100 litres or more, or any amount that enters or may enter water, must be reported immediately to 1-800-663-3456. The City of Victoria also advises calling that line if oil enters a drain or road or contaminates soil or groundwater. Smaller spills still have to be cleaned up under the Fire Code.

This article is general information, not legal, environmental or insurance advice. Bylaws, rebates and insurer rules change; check with your fire department, an environmental professional, your insurer and a lawyer before you act. See also the guide to BC title searches.

Buying an older home in Greater Victoria?

Know what to check before you remove subjects, and how to write conditions that protect you.

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Photo from Wikimedia Commons, used under the licence linked in the caption.