--- title: "Title 5 Septic Inspection at Sale: What MA Requires" description: "When a Title 5 septic inspection is required at a Massachusetts property transfer, timing, exemptions, pass/conditional pass/fail, and what happens next." canonical: https://title5roster.com/title-5-inspection/ --- # Title 5 septic inspections at property transfer, explained > Last updated 2026-10-13. Checked against the official sources listed at the end of this page. Reviewed by Title 5 Roster staff Title 5 of the Massachusetts State Environmental Code (310 CMR 15.000) governs septic systems. Most sales of a property with a septic system or cesspool need a **system inspection by a MassDEP-approved System Inspector**. ## What does Title 5 require when a home is sold? Most sales need a Title 5 inspection by a MassDEP-approved System Inspector within 2 years before the sale (valid 3 years with annual pumping records), reported on the MassDEP form within 30 days. * An inspection **within 2 years before** the sale. It stays valid **3 years** if the system was pumped every year and the report includes the records. * If weather prevents inspection, it can happen **up to 6 months after** the transfer, if the seller notifies the buyer in writing. * The inspector must use the MassDEP form and submit the report within **30 days**, usually to the local Board of Health. The buyer gets a copy. * One inspection covers multiple sales within its 2-year window. ## Which property transfers are exempt from a Title 5 inspection? Common exemptions include transfers between spouses, parents and children or full siblings (and certain trusts), refinancing, a recorded Board of Health upgrade or sewer agreement, and systems with a recent Certificate of Compliance. * Transfers between spouses, parents and children, or full siblings, and certain trusts. * Refinancing, taking a mortgage, or changes where no new parties are introduced. * A signed, recorded agreement with the Board of Health to upgrade or connect to sewer within 2 years. * A new or upgraded system with a Certificate of Compliance in the past 2 years (up to 3 with pumping). ## What do pass, conditional pass and fail mean in a Title 5 inspection? A pass means the system protects health and the environment on the inspection date; a conditional pass means specific components need repair; a fail means the system must be upgraded within 2 years. * **Pass:** the system can protect public health and the environment as of the inspection date. That is not a guarantee it will keep working. * **Conditional pass:** specific components need repair or replacement, such as a metal or cracked tank, a broken pipe, an uneven distribution box, or a faulty pump chamber. Once repaired with Board of Health approval, the system passes. Soil absorption systems and cesspools cannot get a conditional pass. * **Fail:** the system must be upgraded within 2 years unless the Board of Health or MassDEP sets another schedule. The obligation remains even if the owner cancels the sale. ## How does Title 5 apply to condos, shared and large systems? Condominiums with 5 or more units and shared systems are inspected every 3 years; smaller condos inspect every 3 years or within 2 years before a unit's sale. Condominiums with 5 or more units inspect all systems every 3 years. Smaller condos either inspect every 3 years or inspect the unit's system within 2 years before its sale. Shared systems are inspected every 3 years. ## How do I report a problem with a Title 5 inspection? Contact your regional MassDEP office's Title 5 staff. Report suspected falsified reports to the Massachusetts Environmental Strike Force. Contact your regional MassDEP office's Title 5 staff. Suspected falsified reports: Massachusetts Environmental Strike Force, 617-556-1000 or 1-888-VIOLATE. ## Frequently asked questions **How long is a Title 5 inspection good for?** Generally 2 years for a sale. It stays valid for 3 years if the system was pumped at least once a year and the report includes the pumping records. **Who pays for the Title 5 inspection?** The property owner (seller) is responsible for arranging it. Buyer and seller can shift that responsibility in writing before the transfer, as long as the inspection still happens on time. **Can a town health agent do my inspection?** Only a MassDEP-approved System Inspector can do it, and an inspector may not act as an agent of the Board of Health while also representing the owner. **What if it's winter and the ground is frozen?** If weather prevents the inspection before the sale, it can be done up to 6 months after, provided the seller tells the buyer in writing. Sources: [Mass.gov: Buying or Selling Property with a Septic System](https://www.mass.gov/guides/buying-or-selling-property-with-a-septic-system) and [310 CMR 15.000 (Title 5)](https://www.mass.gov/regulations/310-CMR-1500-the-state-environmental-code-title-5), sections 15.300-15.305. Retrieved 2026-10-12. General information, not legal advice; local Boards of Health can have stricter rules. [Find an approved inspector](https://title5roster.com/towns/) ## Sources - [Mass.gov: Buying or Selling Property with a Septic System](https://www.mass.gov/guides/buying-or-selling-property-with-a-septic-system) - [310 CMR 15.000 (Title 5)](https://www.mass.gov/regulations/310-CMR-1500-the-state-environmental-code-title-5) ## How do I find a MassDEP-approved Title 5 inspector? [Browse all towns](https://title5roster.com/towns/) · [Browse by county](https://title5roster.com/counties/) · [Plymouth](https://title5roster.com/town/plymouth-ma/) · [Barnstable](https://title5roster.com/town/barnstable-ma/) · [Middleborough](https://title5roster.com/town/middleborough-ma/) · [Sandwich](https://title5roster.com/town/sandwich-ma/) · [Bourne](https://title5roster.com/town/bourne-ma/) · [Falmouth](https://title5roster.com/town/falmouth-ma/)