Title 5 Septic Inspections

The purpose of the inspection is to determine if the system in its current condition can protect public health and the environment.

When are system inspections required?

Within 2 years before a sale. If weather conditions prevent inspection at the time of a sale, the inspection must take place within 6 months afterward.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 make sure 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 MassDEP or the local Board of Health orders an inspection

Changes of Use and Increases in Flow

These situations require a system inspection only if the modification requires a building permit or occupancy permit. For example:adding a bedroom to a house
adding seats to a restaurant
changing the type of business operating at a commercial location.
Check with your Building Department or Board of Health to find out if your modification meets these requirements.Any change in the footprint of a building also requires an inspection to determine the location of the system, to ensure that construction will not be located on top of any system components or on the reserve area. Check with your local Board of Health.

Voluntary inspections

A system owner may choose voluntarily to have an assessment of the condition of the system even if there is no requirement for an inspection. Results of these voluntary assessments are solely for the use of the owner, and do not need to be submitted to local Boards of Health or MassDEP.

Conditional Pass or Failed Inspection

A system with certain components which need repair or replacement can qualify for a conditional pass on the inspection report. Upon completion of replacement or repair of the specific system component, and with the approval of the Board of Health, the system will pass inspection.Examples of system components eligible for a conditional pass include:A metal or cracked septic tank,
A broken or obstructed pipe,
An uneven distribution box,
A malfunctioning pump chamber.
Soil absorption systems and cesspools cannot be repaired under a conditional pass.If a system fails inspection and the owner decides not to sell as a result, the owner still has an obligation to repair the system.A failed system must be upgraded within 2 years, unless the local Board of Health or MassDEP authorizes an alternative schedule.The System Inspector is responsible for determining that the system meets or fails Title 5 standards as of the date of the inspection. If a system fails shortly after a sale, the buyer may have legal recourse, but it may be very hard to prove that the system was in failure at the time of the inspection.MassDEP may revoke or suspend the approval of a System Inspector if it determines that an Inspector has falsified or fraudulently altered an inspection form or misrepresented the results of an inspection. Property owners must pursue claims against the inspector in court.If you have a complaint about the results of an inspection, contact your regional MassDEP office and speak to the staff responsible for Title 5. If you receive an inspection report that appears to have been altered or contains false or misleading information, call the Massachusetts Environmental Strike Force at 617-556-1000 or toll free at 1-888-VIOLATE (1-888-846-5283).

When you DON'T need an inspection

  • Transfers between certain family members: Title 5 does not require a system inspection 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" button 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.

Helpful links

Failing septic systems and cesspools can contaminate drinking water, shellfish beds, and beaches. Title 5 of the State Environmental Code protects us by requiring inspection of private sewage disposal systems. Local boards of health receive these inspection reports. Most systems will pass inspection. Title 5 requires the replacement or upgrade of systems that fail.If you own a home with a septic system or cesspool and plan to put it up for sale, add a bedroom, or change its use, you will need to get a system inspection.One of the best ways to ensure that your system will pass inspection is to follow a routine maintenance schedule. You should have it pumped out every 3 years. If you use a garbage disposal, annual pumping is a must.