When are T5 inspections required?
In general:
- When properties are sold, divided or combined.
- ·hen there is a change in use or an expansion of a facility.
- ·hen MassDEP or the local Board of Health requires an inspection.
- ·itle 5 requires inspections for large systems, shared systems, and condominiums on a periodic basis.
·ystems located in cities and towns with MassDEP-approved inspection programs are required to comply with local inspection requirements.
There are exceptions and nuances to the general requirements listed here. For example, no inspection is required if the owner has signed an enforceable agreement with the Board of Health to upgrade the system, connect to a sanitary sewer, or connect to a shared system within two years.
"Title 5 does not require a system inspection if the transfer is of residential real property, and is between the following relationships: (1) between current spouses; (2) between parents and their children; (3) between full siblings; and (4) where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor". [REF: MGL Ch21A s. 13]
Who is responsible when the septic system fails and needs to be replaced, the buyer or the seller?
The owner or operator of the system is the legally responsible party required to upgrade a failing system. Prior to transfer of the property, this is typically the seller. Often, the buyer and seller work out the financial issues as part of the sale of the property. Title 5 does not require that a system be in passing condition prior to the sale, but most lenders will not issue a mortgage until the failing system is upgraded or funds to perform the upgrade are escrowed.
Who arranges for the inspection?
The property owner or facility operator is generally responsible for arranging an inspection. However, prior to the time title is transferred, the seller and buyer may contractually assign responsibility for the inspection, provided that it occurs within the specified timeframes.
For how long is an inspection valid?
Inspections required in connection with a property transfer generally are good for two years. If a property is sold more than once in the two-year period, the single inspection is valid for all transfers.
When a system is pumped on an annual basis and the pumping records are available, an inspection is valid for three years.
I'm selling my home and the septic system has failed the Title 5 inspection. If I decide not to sell as a result, am I still obligated to repair the system?
Yes. Once an official inspection is performed on a system, the results must be submitted to the Board of Health within 30 days. Whether or not the homeowner decides to sell, a failed system typically must be upgraded within two years, unless the local Board of Health or MassDEP authorizes an alternative schedule.
For example, the Board of Health may require a shorter timeline in the case of an imminent health hazard, or under certain circumstances may allow use of the system for up to five years under an enforceable schedule for repair, replacement, or connection to a sewer or shared system.
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