property
Title 5 Septic Inspection
Massachusetts' Title 5 of the State Environmental Code (310 CMR 15.000), administered by MassDEP and enforced by local boards of health, requires a septic system inspection when property is sold or transferred. The inspection must be done within two years before transfer (three years if the system is pumped yearly with records), or within six months after if weather prevents it. The seller is responsible unless the parties agree otherwise in writing. Only a MassDEP-approved inspector may perform it. A failed system must generally be upgraded within two years.
- Exam tip
- Inspection timing is 'within two years before transfer'; the seller, not the buyer, is responsible by default. Transfers between spouses, parents and children or full siblings are exempt.
- Example
- A seller's system was inspected and passed 20 months before the planned closing; the report is still valid for the transfer.
Related terms & state variants
Sources
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Last verified: 2026-10-23