Rabu, 09 Februari 2011

Massachusetts Title 5.. a Big Deal for You????

                     Cat flushing a toilet by Parry Gripp

You live in Massachusetts..
Your home is serviced by a  private on site septic system....
You have heard of the dreaded title 5 law...

                              but, do you know what it really is and how it effects you?  

Title 5 was adopted in MA as a way to protect the ground water.   approximately 30% of properties in the Commonwealth use an on site septic system.

This is a great link to FAQ ......    http://www.mass.gov/dep/water/wastewater/faqsprop.htm

Title 5 calls for an on site septic system to be up to current code.  An inspection is triggered in certain situations..
  • you are selling a home
  • you are changing your home
  • you system has failed
  • you are required by the Board of Health

the inspection

must be performed by a state certified inspector...if it passes... the inspection will be documented with the board of health.    if it fails, a repair will need to be made or you will be required to install a new, up to date system.  this will be inspected and documented with the agency as well.    

time frame

the inspection will be good for 2 years
(when a system is pumped on an annual basis and the pumping records are available, an inspection is valid for three years.)

if you are selling in the middle of winter, and weather conditions prevent an inspection prior to the sale...it may be done up to 6 months afterwards providing the seller notifies the buyer of same in writing.


when selling a home,  the responsibility for inspection and/or repair usually falls on the seller.    the law doesn't dictate this... but the reality is that a buyer's lender will not allow them to take the responsibility on.     in rare cases the buyer's lender and attorney will agree to hold back a sum of money from the seller in order to facilitate an installation or repair..but,.. this is quite rare.

if your system does not pass...  figure that you as a seller will need to make the change.


know that if you have an inspection results are sent to the board of health within 30 days.  If the system fails,...  in most instances, you will be required to make the upgrade within 2 years after the inspection even if you decide not to sell.

                       Thinking that you may want to sell your home, but are afraid that your system won't pass?    fear not....  you can have a

voluntary inspection

you may have a voluntary assessment of the system.   Results of voluntary inspections do not have to be submitted to the board of health or mass Dep.

Need More info?     Mass DEP

I know we are still under an amazing amount of snow.... but "Spring" market has started and we are out there!      Buying, Selling, Renting, or Investing.... Get a jump on the competition!   Call me  508-494-9061

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