Guide to Title V Inspections (Massachusetts)

There is a nice overview on THIS website. 

Watch the Septic 101 Video below

FAQ’s

1. What are septic Inspection Requirements in MA - A septic inspection is required every 2 years . If the system has been pumped within that time frame then the inspection is good for 3 years . Brand new systems with install paperwork do not require inspection providing the system has been pumped every year for 3 years. After that they would require inspection. 

2. How long does the Inspection take? Typically the field work takes at least two hours. Then the office has to generate the report. 

3. How much does the inspection cost?  Typically $400-500

4. How much does a new system cost? The cost to put in a new Title V compliant septic system can range from $10,000 to $50,000 or more depending on the soil conditions, water table and whether ledge is encountered.

5. What is a  “raised” system?  A typical septic system is not visible because its underground.  A raised system is covered in dirt, but it's above grade so you end up with a mound in your backyard.

6. Can you do a Title V inspection year round?  Yes you can, but doing one in the winter may cost more money because if the ground is frozen they will need to bring in extra equipment.

7. How Long is the Title V good for?  Two years unless you have it pumped, then it's good for 3 years.

8. When should my sellers have the inspection done? It is recommended to have the inspection done prior to listing if it is due.

9. I am selling a home that has a failed Title V inspection. What are my seller’s options? 

Aside from very limited circumstances, a property must have a passing Title V inspection within 2 years before a transfer takes place. An inspection is not required before a transfer in the following situations: 1. Refinancing or any situation where no new parties are introduced; 2. a transfer between spouses; 3. a transfer between parents and child(ren); 4. a transfer between full siblings; and 5. where the property is held in a trust. A property owner or buyer of a property with a failed inspection may also enter into an enforceable agreement with the Board of Health requiring them to upgrade the system or connect to the public sewer within 2 years following the transfer of title. If a property owner has entered into this type of agreement, they must disclose it to prospective buyers, and it must be binding on subsequent owners. 

If the system failed and needs a new system - 

*The seller (or if Title V is buyers responsibility, buyer)  will need to contact a structural engineer who will draw up the new system plans. In order to do so there will need to be a perk test done. A perk test is done to see how quickly the ground absorbs water. 

9. What is a perc test? A perc test is a soil evaluation that tests the rate at which water drains through the soil.

A perc test is done by drilling or digging a hole in the ground, pouring water into the hole and then observing the rate at which the water is absorbed into the soil. In most cases, properties can easily pass a perc test when the soil has higher concentrations of sand (because sand tends to absorb water at a much faster rate than clay or silt) and when the property is situated in an area with a low water table.

Watch the video below for an explanation of perc test.

To do a perc test the structural engineer must coordinate with the BOH (Board of Heath) from the town the home is located. There must be a BOH member present to be a witness to the perc test. Some towns only have certain set days a month they will come out to be a witness. For example: The third thursday of the month. Depending on the town it may be easier or harder to schedule. 

Once the perc test is complete, and the structural engineer obtains a copy of the soil logs, he can then work on creating a new septic plan. 

The structural engineer comes at a charge to create these plans, so be sure that is known.  It can cost upwards of $4,000.00 but it is all situational as to how in depth the plans become. 

10. What if the ground does not perc? If that happens a soil sample will need to be taken and the sample sent to a lab which can also take more time. 

11. What if you have a rehab loan for a Title V fail?  You will need to have approved plans in order to proceed with the deal, so a big question for the sellers agent if a listing does say "Title V failed, buyers responsibility" is: "Do you have the approved septic plans". If not, it will be a lot of time and money for the buyer unless they are paying cash (double check w Steve). 

 *If they don't have approved plans, see if they have a copy of the Title V fail.  The failed Title V will list why it failed. The home may not need a completely new system. It may just need a new tank, D BOX or leach field and cost may not be as much as a whole new system .

Once you have a copy of the approved plans for a new system (MAKE SURE THE APPROVED PLANS INCLUDE THE SOIL LOGS) then you can call a contractor to give you an estimate on installing the new system! 

12. What is a "tight tank"?

These will be found at properties that are near lakes. There is no leach field to drain the liquid out (to prevent the lake from being contaminated by waste). Tight tanks will need to be pumped more frequently, every couple of months depending on usage. Other septic tanks need pumping every 3-5 years depending on usages. Over pumping a tank can harm it just as much as not pumping it enough. The tank needs a certain amount of bacteria, so over pumping can mess that up! 

13. What are the potential outcomes of a Title V inspection? 

Pass - A passed Title V means that the septic system has been recently inspected by a licensed septic inspector, and that the inspection indicated that the system has passed current standards, which are set by the state. ... Local experts might include the local board of health, and other septic inspectors.

Fail  - If the inspection fails, your septic system must be repaired or replaced. If ownership of the house is not being changed, the homeowner may have up to two years to complete the repair. However, if the Health Agent deems the failure to be a health hazard, the homeowner can be required to begin the process of repairing it immediately.

Failed septic systems can be handled in a real estate sales transaction in two ways. First, the seller can undertake the work and complete it prior to closing, with a full sign off from the Board of Health. This is often the preferable course for all parties and the lender. Alternatively, the parties can agree to an escrow holdback to cover the cost of the septic repair plus a contingency reserve, and the work is undertaken after the closing. Some lenders don’t allow septic holdbacks, however.

Conditionally Pass - A conditional pass means that your system will pass if a certain condition is met. A repair or replacement of the distribution box is the most common condition that needs to be met. The inspector would write up his official Title V report with the conditional pass notes outlining the needed replacement of the distribution box. Once the repair is done, your Board of Health will issue a Certificate of Compliance which will be accepted as a passing Title V at closing.

Certificate Of Compliance  - At the completion of the job, (that is, when all work has been done according to the plans; when the engineer has submitted an “as-built” plan as to where the system was installed; and when the installer has submitted a certification statement), the Board of Health Agent signs a Certificate of Compliance, (COC), which is issued to the installer. Upon payment for the work, the installer gives the COC to the homeowner.  The Certificate of Compliance will ALWAYS trump a passed Title V.

IMPORTANT THINGS YOU MUST FIND OUT: 

-You will not only need the septic plans approved by the town, but potentially also by a Conservation Board of that town and the DEP.

-Check if the home is located near wetlands or conservation land. This might have an effect on your plan being approved.