Well, it happened. In spite of a lot of REALTOR lobbying against the proposed mandatory septic inspection requirement at transfer, it passed as has now become law. Unless your transfer was recorded prior to July 1st 2009 you will be required to submit to a certified inspection process to record your deed in many cases where you have a residence with a septic system.
Some important points:
- The new law requires pumping at transfer, unless it has been "properly" completed within 3 years prior.
- Failing systems will be required to meet new code specifications.
- Inspections must be conducted by an inspection certified by the DNR.
- Inspection form will be required to be submitted with transfer.
- Inspections will be good for 2 years even if property transfers again.
- Property abstracts will include the inspection results.
Exceptions are:
- The law only applies to transfers of property containing one to four dwelling units,
- Exemptions for transfers which the consideration is $500 or less
- Intra family business organization transfers
- Properties which will be razed or demolished
- Foreclosures, Transfer by trustee, Execution of a Judgment
This law is a benefit for the States groundwater and for buyers, but could be a burden on a seller, septic business owner, and agents. The burden on the seller is the potential liability for updating of older systems if even only one component is failing. Septic business owners will have to become certified. The burden for agents then will be in ensuring that the inspections are performed, meeting with inspectors, and making sure the documents are filled out correctly and delivered properly.
All in all I think the laws is postive for consumers and groundwater but will take a little getting used to.
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