What is Title V?
Because improperly functioning sewage systems and cesspools are a major cause of the pollution of our coastal waters, rivers and water supply, the state of Massachusetts enacted as of March 31, 1995, the state environmental code known as Title V. This code requires inspections of septic systems and cesspools before a home is sold or enlarged.
Title V requires inspections if…
* Within 2 years before the sale of a home or transfer of title
* When the use of a home is changed
* In certain inheritance situations (for example, when a child inherits a home from his or her parent.)
* When the footprint of a home is changed
* When the home is expanded and a building or occupancy permit is required (for example a bedroom is added)
* If weather prevents an inspection at sale of transfer, the inspection must occur as soon as weather permits, but no later than six (6 months) after the sale or transfer.
Note: All septic systems and cesspools
must meet TITLE V requirements, but
they must also comply with Local board
of health ordinances which can be more stringent that Title V.
Title V does not require inspections if…
* A mortgage is refinanced
* Title to the house is transferred from one spouse to another or placed in certain family trust
* The local Board of Health issued a certificate of compliance within 2 years before the time of transfer of title
* 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 municipal sewer system with 2 years of transfer or sale.