asset: septic-inspection-at-property-transfer

asset_type: testing-requirement

body: For each US state whose statute, code or environmental agency states a position: whether a septic (onsite sewage) system must be inspected when the property is sold or the deed transfers, who must obtain it, and any exemptions. The sibling of well-water-testing-at-property-transfer, and it carries a date that will make today's answers wrong: Washington's WAC 246-272A-0270 requires, verbatim, 'Beginning February 1, 2027, obtain an inspection ... by a third-party inspector authorized by the local health officer' at the time of property transfer — so every page and model answering 'no statewide requirement in Washington' becomes wrong on that date. Iowa Code 455B.172 already requires a certified time-of-transfer inspection before deed transfer; Massachusetts Title 5 is the flagship law (mass.gov currently 403s our fetcher — use the 310 CMR 15.301 regulation text). Most states have no statewide rule and the requirement is county-level or the lender's; those statements are records too. Answers 'do I need a septic inspection to sell my house in [state]', 'what is a time of transfer inspection', and 'when does Washington's septic inspection rule start'. States whose authority states nothing get no record.

key_field: state

licence: unknown

title: Septic system inspection at property sale: which states require it

type: dataset


body:
**State:** Delaware

**Inspection required at sale?:** For all properties utilizing an OWTDS that are sold or otherwise transferred to other ownership, the persons must have the system pumped out and inspected by a Class F and Class H licensee, respectively, prior to completion of the sale

**Exemptions:** If an inspection has occurred within the previous 36 months and the property owner can provide proof of the pump out and inspection and the system is not a cesspool or seepage pit, then the inspections referred to in Section 3.31.13 will suffice

**Authority:** 7 Del. Admin. Code § 7101-3.0

> 3.31.13 For all properties utilizing an OWTDS that are sold or otherwise transferred to other ownership, the persons must have the system pumped out and inspected by a Class F and Class H licensee, respectively, prior to completion of the sale. An extension will be given to sheriff sales, auctions, short sales and cash sales for a period not to exceed 90 calendar days from date of sale. All inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department (see Exhibit A). These forms shall be submitted within 72 hours of inspection completion. 3.31.13.1 For transfers of new property, the certificate of completion will suffice if issued within the previous 24 months, or; 3.31.13.2 If an inspection has occurred within the previous 36 months and the property owner can provide proof of the pump out and inspection and the system is not a cesspool or seepage pit, then the inspections referred to in Section 3.31.13 will suffice, or;

Source: <https://www.law.cornell.edu/regulations/delaware/7-Del-Admin-Code-SS-7101-3.0>

citation: 7 Del. Admin. Code § 7101-3.0

state: Delaware

title: Delaware — Septic system inspection at property sale: which states require it

type: testing-requirement


body:
**State:** Iowa

**Inspection required at sale?:** requires that every home or building served by a private sewage disposal system have that system inspected prior to the sale or deed transfer of the home or building. All inspections must be conducted by an inspector that has been certified by the Iowa DNR

**Authority:** Iowa Code 455B.172

> Iowa's Time of Transfer (ToT) inspection law, as established in Iowa Code 455B.172, requires that every home or building served by a private sewage disposal system have that system inspected prior to the sale or deed transfer of the home or building. All inspections must be conducted by an inspector that has been certified by the Iowa DNR.

Source: <https://www.iowadnr.gov/environmental-protection/water-quality/private-sewage-disposal-and-septage/time-transfer>

citation: Iowa Code 455B.172

state: Iowa

title: Iowa — Septic system inspection at property sale: which states require it


body:
**State:** Massachusetts

**Inspection required at sale?:** a system shall be inspected at or within two years prior to the time of transfer of title to the facility served by the system

**Authority:** 310 CMR 15.301

> Inspection at Time of Transfer . Except as provided in 310 CMR <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-301> 15.301 (2), 15.301(3), and 15.301(4), a system shall be inspected at or within two years prior to the time of transfer of title to the facility served by the system. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. If weather conditions preclude inspection at the time of transfer, the inspection may be completed as soon as weather permits, but in no event later than six months after the transfer, provided that the seller notifies the buyer in writing of the requirements of 310 CMR <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-300> 15.300 through <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-305> 15.305 . A copy of the complete inspection report shall be submitted to the buyer or other person acquiring title to the facility served by the system. (2) The following transactions shall not be considered transfers of title for the purposes of 310 CMR <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-301> 15.301 (1): (a) taking a security interest in a property, including but not limited to issuance of a mortgage; (b) refinancing a mortgage or similar instrument, whether or not the identity of the lender remains the same; (c) a change in the form of ownership among the same owners, such as placing the facility within a family trust of which the owners are the beneficiaries, or changing the proportionate interests among a group of owners or beneficiaries; (d) adding or deleting a spouse as an owner or beneficiary; or a transfer between spouses during life, out right or in trust; or the death of a spouse; (e) the appointment of or a change in a guardian, conservator, or trustee. (3) Applicability to Specific Transfers of Title . (a) Units in a Condominium or Cooperative Corporation . The cooperative corporation or condominium association shall be responsible for the inspection, maintenance, and upgrade of any system or systems serving the units, unless otherwise provided in the governing documents of the condominium association or the cooperative corporation. For a facility comprised of five or more condominium or cooperative units, each system located on the facility shall be inspected at least once every three years instead of at time of transfer of title and all existing systems shall be inspected by December 1, 1996. For a facility comprised of fewer than five condominium or cooperative units: 1. each system located on the facility shall be inspected at least once every three years and all existing systems shall be inspected by December 1, 1996, or 2. at the time of transfer of title of any unit, the system serving that unit shall be inspected in accordance with the time of transfer provisions of 310 CMR <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-301> 15.301 . (b) Foreclosure or Deeds in Lieu of Foreclosure . Inspection of the system must occur within two years before or six months after the execution of the memorandum of sale (irrespective of whether the foreclosing institution, the loan guarantor, the loan servicer, an unaffiliated third party, or any combination thereof, is/are executing such memorandum of sale) or delivery of the deed in lieu of foreclosure to the foreclosing institution or the loan servicer. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. To the extent that foreclosing institutions or loan servicers have contractually allocated responsibility for the inspection to the unaffiliated third party or the loan guarantor acquiring the property within the specified timeframes, such foreclosing institutions or loan servicers will not be responsible for inspection of the system(s). Entities foreclosing on properties are required to notify those who acquire title of the inspection and upgrade requirements contained at 310 CMR <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-300> 15.300 through <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-305> 15.305 , in writing, prior to or at the time of transfer. (c) Inheritance by Will or Intestacy (Without a Will) . With the exception of inheritance by a spouse or inheritance of residential real property between any of the relationships listed in 310 CMR <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-301> 15.301 (4)(d), the inspection of the system must occur within two years before or one year after the will being allowed by the probate court and the appointment of the executor; or within two years before or one year after the appointment of an administrator if the deceased dies intestate regardless of whether the property passes specifically or as part of the residue of the estate. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. Executors or administrators are required to notify, in writing, those who acquire title to real property from an estate of the inspection and upgrade requirements contained at 310 CMR <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-300> 15.300 through <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-305> 15.305 . (d) Legal Life Estate or an Interest for Life or for a Term of Years in Trust . Inspection of the system must occur within two years before or six months of the death of the life tenant or the expiration of a present interest in trust for a term of years. If a successive life interest or an interest in trust for a term of years passes to a spouse, the inspection must occur within two years before or six months of the death of the last surviving spouse or the expiration of a present interest in trust to the spouse for a term of years. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. (e) Interfamily Transfers That Are Not Excluded Under 310 CMR 15.301(4)(d). Inspection of the system must occur within two years prior to transfer of title or if weather conditions prevent inspection at the time of transfer, the inspection must occur as soon as the weather permits, but in no event later than six months after the transfer. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. (f) Tax Taking Either by the Federal, State, or Municipal Government . Inspection of the system must occur within two years prior to transfer by governmental entity to buyer or within six months after the expiration of the right of redemption, provided that the governmental entity notifies the buyer in writing of the requirements contained at 310 CMR <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-300> 15.300 through <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-305> 15.305 for inspection and upgrade, if necessary. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. (g) Levy of Execution that Results in a Conveyance of Property . Inspection of the system must occur within two years prior to officer's deed of debtor's interest to buyer or within six months after the expiration of the right of redemption, provided that the officer notifies the buyer in writing of the requirements contained at 310 CMR <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-300> 15.300 through <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-305> 15.305 for inspection and upgrade, if necessary. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. (h) Bankruptcy . Inspection of the system must occur within two years prior to transfer by bankruptcy trustee to buyer or within six months after the transfer, provided that the debtor notifies the buyer in writing of the requirements contained at 310 CMR <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-300> 15.300 through <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-305> 15.305 for inspection and upgrade, if necessary. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. (i) Change in Ownership or the Form of Ownership Where New Parties are Introduced ( e.g ., introduction of new beneficiary/ies in a nominee trust; introduction of new joint tenant(s) or new tenant(s) in common; introduction of new parties where property is transferring from joint ownership to nominee or business trust, or where a new general partner is introduced; creation of a legal life estate or an interest for life or for a term of years in trust for a party other than the creator or his or her spouse; a change in the controlling ownership interest of a corporation, etc .). Inspection of the system must occur within two years prior to transfer or if weather conditions prevent inspection at the time of transfer, the inspection must occur as soon as weather permits, but in no event later than six months after the transfer,

Source: <https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-301>

state: Massachusetts

title: Massachusetts — Septic system inspection at property sale: which states require it


body:
**State:** Minnesota

**Inspection required at sale?:** Before signing an agreement to sell or transfer real property, the seller or transferor must disclose in writing to the buyer or transferee information on how sewage generated at the property is managed

**Who obtains / pays:** the seller or transferor

**Authority:** Sec. 115.55 MN Statutes

> (a) Before signing an agreement to sell or transfer real property, the seller or transferor must disclose in writing to the buyer or transferee information on how sewage generated at the property is managed. The disclosure must be made by delivering a statement to the buyer or transferee that either: (1) the sewage goes to a facility permitted by the agency; or (2) the sewage does not go to a permitted facility, and is therefore subject to applicable requirements.

Source: <https://www.revisor.mn.gov/statutes/cite/115.55>

citation: Sec. 115.55 MN Statutes

responsible_party: the seller or transferor

state: Minnesota

title: Minnesota — Septic system inspection at property sale: which states require it


body:
**State:** New Hampshire

**Inspection required at sale?:** Prior to the transfer of any developed waterfront property using a septic system, where any portion of the septic system is within 250 feet of the reference line as defined in RSA 483-B:4, XVII, the buyer of the property shall, at the buyer's expense, engage a New Hampshire licensed septic system evaluator to conduct a septic system evaluation

**Who obtains / pays:** the buyer of the property shall, at the buyer's expense, engage a New Hampshire licensed septic system evaluator

**Exemptions:** the buyer may accept an evaluation prepared for the seller of the property if the evaluation was completed within 180 days of the date of property transfer

**Authority:** Section 485-A:39

> I. Prior to the transfer of any developed waterfront property using a septic system, where any portion of the septic system is within 250 feet of the reference line as defined in RSA 483-B:4, XVII, the buyer of the property shall, at the buyer's expense, engage a New Hampshire licensed septic system evaluator to conduct a septic system evaluation. However, the buyer may accept an evaluation prepared for the seller of the property if the evaluation was completed within 180 days of the date of property transfer. The septic system evaluation prepared for the seller by a New Hampshire state licensed septic system evaluator with stated findings shall be given to the buyer and acceptance of the evaluation shall be acknowledged in writing by the buyer.

Source: <https://gc.nh.gov/rsa/html/l/485-a/485-a-39.htm>

citation: Section 485-A:39

state: New Hampshire

title: New Hampshire — Septic system inspection at property sale: which states require it


body:
**State:** Rhode Island

**Inspection required at sale?:** Any cesspool found to be serving a building or use subject to sale or transfer shall be removed and replaced with an OWTS or the building served by the cesspool shall be connected to a public sewer system within twelve (12) months of the date of sale or transfer

**Authority:** R.I. Gen. Laws § 23-19.15-12

> (a) Any cesspool found to be serving a building or use subject to sale or transfer shall be removed and replaced with an OWTS or the building served by the cesspool shall be connected to a public sewer system within twelve (12) months of the date of sale or transfer. (b) Should the manner of wastewater disposal be unknown, an inspection shall be conducted to determine if a cesspool is present on the property. This inspection shall be done by a system inspector prior to the time of sale or transfer.

Source: <https://webserver.rilegislature.gov/Statutes/TITLE23/23-19.15/23-19.15-12.htm>

state: Rhode Island

title: Rhode Island — Septic system inspection at property sale: which states require it


body:
**State:** Washington

**Inspection required at sale?:** Beginning February 1, 2027, obtain an inspection, as required in WAC 246-272A-0260 (5), by a third-party inspector authorized by the local health officer

**Exemptions:** The local health officer may: (A) Remove the requirement for an inspection at the time of property transfer if the local health jurisdiction has evidence that the OSS is in compliance with (e) of this subsection and the OSS was inspected by a third-party inspector authorized by the local health officer

**Authority:** WAC 246-272A-0270

> (k) At the time of property transfer: (i) Provide to the buyer, all available OSS maintenance and repair records in addition to the completed seller disclosure statement in accordance with chapter <http://app.leg.wa.gov/RCW/default.aspx?cite=64.06> 64.06 RCW for residential real property transfers; (ii) Beginning February 1, 2027, obtain an inspection, as required in WAC <http://app.leg.wa.gov/WAC/default.aspx?cite=246-272A-0260> 246-272A-0260 (5), by a third-party inspector authorized by the local health officer. The local health officer may: (A) Remove the requirement for an inspection at the time of property transfer if the local health jurisdiction has evidence that the OSS is in compliance with (e) of this subsection and the OSS was inspected by a third-party inspector authorized by the local health officer;

Source: <https://app.leg.wa.gov/wac/default.aspx?cite=246-272A-0270>

state: Washington

title: Washington — Septic system inspection at property sale: which states require it