Why Title 5 matters

Title 5 refers to the regulations in Massachusetts that govern septic systems. If you’re buying or selling a property with a septic system, here’s why Title 5 matters:

Inspections: When selling a property with a septic system, an inspection is typically required within 2 years before the sale. If weather conditions prevent inspection during the sale, it must occur within 6 months afterward. Inspections are also necessary for proposed changes to the facility (e.g., building permits), large systems, shared systems, and property divisions.

Special Requirements: Certain property transfers have specific inspection requirements. For example:

• • Foreclosure or deeds in lieu of foreclosure
  • Levy of execution resulting in property conveyance
  • Sale of condominium units (frequency varies based on unit count)

Exemptions: Title 5 exemptions exist for transfers between certain family members (e.g., spouses, parents, children, siblings) and properties held in trusts. Refinancing or taking a security interest in a property doesn’t require an inspection.

Importance: A Title 5 inspection ensures the septic system functions efficiently, maintaining water quality in the surrounding area. As a seller, having a passed inspection can attract buyers and facilitate the sale process