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Septic System Inspection FAQs

septic

What is required by the BOH prior to selling my house?

A septic system inspection must occur within two (2) years prior to the sale of a property, except under certain circumstances.  (See “When are septic system inspections required?”)  If your home is serviced by a potable/drinking well, you must have the well water tested as part of the inspection.

When are septic system inspections required?

A septic system inspection must occur at the following thresholds:

  • When there is a proposed change to the facility which requires a building or occupancy permit. 
  • Any change in the footprint of a building, to ensure the system is operating as it should and to make certain that new building construction will not take place on top of any system components or on the system’s reserve area
  • For large systems with a design flow of 10,000 to 15,000 gallons per day or more at full build-out, on the basin schedule shown in 310 CMR 15.301(6), and every five years thereafter.
  • Every 3 years for shared systems.
  • When the property is divided, or ownership of 2 or more properties is combined.
  • When MA DEP or the local Board of Health orders an inspection.
  • Within 2 years before sale of the property, except under the following circumstances:
    • Transfers between certain family members, if the transfer is of residential real property, and is between the following relationships:
      • Between current spouses;
      • Between parents and their children;
      • Between full siblings; and 
    • Where the property is held in a trust. See the "Guidance on Exemptions from Title 5 System Inspections", below. 
    • Refinancing a mortgage or similar financial instrument;
    • Taking of a security interest in a property, e.g., issuance of a mortgage;
    • Appointment of, or a change in, a guardian, conservator, or trustee;
    • Any other change in ownership or the form of ownership where NO NEW parties are introduced (e.g., for estate planning or in a divorce);
    • The property owner or buyer has signed an enforceable agreement with the Board of Health to upgrade the system or to connect the facility to a sanitary sewer or a shared system within 2 years following the transfer of title, provided that such agreement has been disclosed and is binding on subsequent owners;
    • The property is subject to a comprehensive local plan of septic system inspection approved in writing by MassDEP and administered by a local or regional government; and the system has been inspected at the most recent time the plan requires.
    • If weather conditions prevent inspection at the time of a sale, the inspection must take place within 6 months afterward.

A septic system inspections must occur within two (2) years before or six (6) months after the following types of property transfers, provided that the transferring entity notifies the buyer in writing of the requirements of 310 CMR 15.300-15.305 for inspection and upgrade.

  • Foreclosure or deeds in lieu of foreclosure
  • Levy of execution that results in a conveyance of property
  • Bankruptcy

Sale of a condominium unit or condominiums:

  • Condominiums with 5 or more units - all systems must be inspected every three (3) years.
  • Condominiums with fewer units must either inspect all systems every three (3) years, or the system serving the unit being transferred must be inspected within two (2) years prior to transfer.

What happens if my septic system fails inspection?

If you have a Title 5 inspection that results in a determination that your system fails, Title 5 allows up to two (2) years from the date of inspection to complete the repair or upgrade.  If the failure is deemed an imminent health hazard (such as a system that is backing up into the dwelling or breaking out at the surface of the ground), you will be required to upgrade immediately.  If your leaching area is operating properly but you have another component that needs to be replaced, the timeframe for repair is typically much shorter, and you can expect to receive a letter from the Health Department with a timeline for repair.  Cesspools are an automatic failure according to the Board of Health Cesspool Regulation, and must be upgraded within two years or prior to the sale of the property, unless a variance to the Cesspool Regulation is requested and granted by the Board.

What low-interest loans or other types of assistance are available for repair/upgrade of a failed septic system?

You may qualify for financial aid programs for septic system or cesspool repair or replacement:

Am I eligible for a tax credit if I repair/upgrade my septic system?

Any owner of a residential property in Massachusetts who occupies the residential property as their principal residence can claim a credit ("Title 5 credit") against personal income tax for certain expenditures associated with the repair or replacement of a failed cesspool or septic system.  The repair or replacement of the failed cesspool or septic system must be made in accordance with the provisions of the State Environmental Code, Title 5.  

To claim the Title 5 credit, the taxpayer must be the owner of the residential property, must occupy the property as his or her principal residence, and may not be a dependent of another taxpayer.  The tax credit will not be issued for work done on an investment property or 2nd home.

An owner is a taxpayer who, alone or together with other persons, has legal title to the residential property. If a residential property has more than one owner who otherwise meets the criteria for claiming the Title 5 credit, each co-owner may claim the credit proportionate to the amount of total qualified expenditures made by each co-owner.

In general, taxpayers claiming the Title 5 credit will be Massachusetts residents. However, a nonresident owner of Massachusetts residential property who occupies the property as his or her principal residence, and is not the dependent of another taxpayer may claim the Title 5 credit.  TIR 97-12: Personal Income Tax Credit for Failed Cesspool or Septic System Title 5 Expenditures

Please consult with a qualified tax advisor for details specific to your situation.