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Q: When are septic system and cesspool inspections required under Title 5?
A: Septic system and cesspool inspections are required in the following
circumstances:
Within 2 years before the sale of a home or transfer of title;
In certain inheritance situations; (e.g. - when a child inherits a house from his/her
parents);
In certain insolvency proceedings (e.g. - bankruptcy, tax taking or foreclosure);
When the use of the home is changed (e.g. - from residential to commercial use);
When the footprint of the house is enlarged;
When the home is expanded and a building, or occupancy permit is required (e.g. -
adding a bedroom) TOP
Q: When are septic system and cesspool inspections NOT required under Title 5?
A: Septic system and cesspool inspections are not required in the following
circumstances:
When a mortgage is refinanced;
When the system was inspected within 3 years before the sale and you have records
proving that your system was pumped annually since the inspection;
Title to the house is transferred from one spouse to another or placed in certain
family trusts;
When the local board of health issued a certificate of compliance within 2 years before
the time of transfer of title;
When the community has adopted a comprehensive plan approved by DEP requiring periodic
inspections and the system was inspected at the most recent time required by the plan; or
When the homeowner has entered into an enforceable agreement, binding on subsequent
buyers, with the board of health requiring an upgrade of the system or connection to the
municipal sewer system within 2 years of transfer or sale. TOP
Q: How much does the average inspection, if required, cost?
A: The average cost of a septic system or cesspool inspection depends on your location.
Our prices depending on which town you live in are as follows:
Barnstable, Marstons Mills, Cotuit, Centerville, Hyannis, Osterville: fee $175 + town fee of $25
Falmouth, Mashpee, Sandwich, Yarmouth, Dennis: $175
Bourne :$175 + $50 town fee (Town of Bourne Health Inspector must be present for every inspection to be valid)
Please call or fax us for a price quote if your town is not listed . TOP
Q: If a septic system or cesspool inspection is required at what point in time must the
inspection be performed?
A: The inspection must be performed within 2 years prior to the sale or transfer of
the home or 6 months after the sale if weather conditions preclude prior inspection. If
the system fails inspection, the system must be upgraded or replaced within 2 years of the
inspection regardless whether the house is actually sold or transferred. However,
voluntary inspections, inspections not performed because of an intent to sell the
property, may be performed just to assess the system’s condition. The results of a
voluntary inspection are not reported to the local board of health or DEP. TOP
Q: Who is allowed to perform septic system or cesspool inspections?
A: Only inspectors and soil evaluators approved under the regulations can perform
required system inspections and soil tests. A list of DEP-approved soil evaluators and
inspectors is available from your local board of health. Certified health officers,
registered sanitarians and professional engineers qualify automatically as system
inspectors under the regulations, and their names may or may not appear on the
DEP-approved list. Consult with your local board of health to ensure that the system is
inspected by a qualified individual. TOP
Q: What happens with the results of a septic system or cesspool inspection?
A: If a system passes, the inspector is required to submit an approved system
inspection form to the local board of health within 30 days, and the homeowner must
provide a copy to the buyer. Prospective buyers and lending institutions may also require
a copy of the approved inspection form.
If the systems fails a required inspection, the inspector is required to submit the
form to the local board of health within 30 days, and the homeowner must provide a copy to
the buyer. The system must be repaired or upgraded within 2 years following the
inspection, regardless whether the property is sold. TOP
Q: Is there any state financial assistance available to homeowners faced with the
financial burden of replacing or upgrading their septic system?
A: With the support of the Massachusetts Association of Realtors, the Massachusetts
legislature passed a Title 5 tax credit which will provide eligible homeowners with a tax
credit equal to 40 percent of the design and construction costs incurred to upgrade or
repair a septic system. The tax credit relief measure provides credits of up to $1,500 per
year for qualified homeowners with a maximum credit of $6,000 over a four-year period.
This tax credit is available for all septic system and cesspool upgrade and repairs which
occurred on or after January 1, 1997.
Additional financial assistance is available in the form of low interest loans through
the Massachusetts Housing Finance Agency and the Rural Economic Development Service Loan
program. In addition, eligible municipalities can make low-interest 20-year loans to
low-to-moderate income homeowners, repaid by adding an annual "betterment" to
their tax bill. Contact your local board of health to see if your community participates
in the Betterment Fund Program. TOP
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