Title V: A Sellers Responsibility?

Title V affects those who live in non-sewered communities, or whose homes have private septic systems. As of March 31, 1995, the state environmental code governing septic systems, better known as Title V, requires inspections of septic systems and cesspools before a home is sold or enlarged. Usually the Seller pays to bring the failed system up to code. However, if the Seller and Buyer agree, the Buyer may pay the costs for a new system.  Systems that fail inspection must be repaired within 2 years. Applications to install new systems require a soil evaluation test (known as a perc test) performed by a soil evaluator approved by the Massachusetts Department of Environmental Protection (DEP).

In addition to complying with Massachusetts State Title V requirements, all septic systems and cesspools must comply with local board of health ordinances, which may be more stringent than Title V.

There are situations when Title V does not require inspections, as when a mortgage is refinanced, or the system was inspected within 3 years before the sale and you have records proving that your system was pumped annually since the inspection. To find out more about Title V, visit http://titlefive.net/.