Septic Inspection Legislation FAQ

Bookmark this page for updated FAQs regarding the new septic system inspection legislation. If you have any septic questions you would like answered or added here, please feel free to reach out to us via the Virginia REALTORS® Legal Hotline.

 

Q: When does the new septic law take effect?

A: The new septic law went into effect on July 1, 2025.

Q: Where can I find the new law?

A: The new law is 59.1-310.9.

Q: Does the new law require that all residential property sales include a septic inspection?

A: No. The new law does not require a septic inspection for the sale of a residential property.

Q: Do septic inspectors have to be licensed?

A: Yes, the new law states that only individuals with a valid onsite sewage system operator, installer, or soil evaluator license are authorized to conduct septic inspections.

Q: Does my client need to have a written contract with the septic inspector?

A: Yes, the new law requires the septic inspector to provide the client with a written contract outlining the scope, terms, and cost for the inspection. The trade association for septic inspectors, VOWRA, has provided a template contract to their members.

Q: Who needs to sign the contract with the septic inspector?

A: Only the person hiring and paying the septic inspector needs to sign the contract. You, as the agent, should not be signing this contract.

Q: What needs to be included in the septic inspection?

A: Under the new law, septic inspections must include inspection of all readily accessible and openable components, such as: septic tanks, pump tanks, distribution devices, treatment units, control panels, and dispersal fields.

Q: Can my client still order a “walkover” or “rod probing” inspection?

A: No, the new law outlines what needs to be included in a septic inspection.

Q: Does the septic tank need to be pumped as part of the inspection?

A: While the new law defines a complete inspection as including pumping the tank, it also allows the person ordering the inspection to decline pumping.

Q: Does the septic inspector have to provide a report?

A: Yes. Septic system inspectors must now deliver a written report within 10 business days of the inspection.

Q: My seller ordered a septic inspection, and the inspector came out and inspected. He then said that to complete the inspection another person from his company had to come out as well. That person isn’t available for another 10 days. When will I get the report?

A: We have heard of this situation occurring. The law is not clear on whether the 10-day requirement for a report to be issued runs from when the inspection starts or finishes. The best practice here is to have a conversation up front when hiring a septic inspector to determine whether all people needed to complete the inspection will be present and when the report will be delivered.

Q: Does the new septic law affect a septic inspection agreed upon in a ratified contract prior to July 1st, 2025?

A: No, the new law does not affect the validity of any terms negotiated prior to July 1st. However, the negotiated terms may fail due to impossibility. For example, if you agreed on a rod and probe inspection you will not find anyone who could perform this inspection because they would be in violation of the law.

It is important to remember that the ratified contract was a negotiation between the parties and what they negotiated is in the four corners of the contract. If this new inspection was not negotiated as part of the ratified offer, it does not mean that because the law changed that the agreed upon inspection changes what the law says. What this means is that the parties need to go back to the negotiating table to figure out what the inspection, if any, now entails and who will pay for it.

Q: Will the septic inspection tell my client if the system passes or fails?

A: No. Like a home inspection, this inspection will only note deficiencies in the septic system, not whether it passes or fails.

Q: Do I need to order the septic system operation permit?

A: It is always good practice when listing a home with a septic system to obtain the operation permit as early as possible. If the homeowner does not have a copy of the permit, it is easier for the owner to order the operation permit from the Department of Health. The process is much longer and involves a fee if a third party orders a copy of the permit. The VAR listing agreement now has language stating that the Seller will order the operation permit. If no one has the operation permit when the septic inspection is ordered, the inspector will attempt to pull the permit which could cause a delay.

Q: What if my Seller tries to order the operation permit and it doesn’t exist?

A: The VAR Septic Addendum Form 600M allows for the permit to be deemed unavailable if it cannot be found within 10 days. A septic inspection can still occur without the permit.

Q: I am listing a home with a septic system and cannot find the operation permit. How do I know how many bedrooms to list in the MLS? Should I just listen to my Seller?

A: No. When listing a home, it is a best practice to look at the property tax records for the number of bedrooms and use that number when entering data into the MLS.

Q: I am listing a home with a septic system and the number of bedrooms listed in the tax records is different than the number listed on the operation permit. What do I do?

A: This is not an uncommon situation. Homes are renovated over time, rooms are changed, and the operation permit could even be wrong. The number of bedrooms listed on a septic system operation permit refers to the number of people in a home that the septic system is sized to handle. If there is a discrepancy between the tax records, the permit, and even what the seller is telling you, first talk to your broker about the best way to handle it.

Also check with your MLS rules. Some MLSs have the ability for an agent to mark the discrepancy in the listing. The safest option is always to disclose the discrepancy.

Q: Who pays for the septic inspection?

A: Read the contract. Some contracts in the state allow either the buyer or the seller to pay for the inspection. Virginia REALTORS® Form 600M – Septic Addendum allows the parties to negotiate who will pay for the inspection.

What you should know is that regardless of whether it is a preprinted clause on the contract or not, this is a negotiable term. For example, your contract may say the seller pays; however, this is not mandated by the law, and it can absolutely be negotiated.

Q: What happens if the property is damaged during the septic inspection?

A: Read the contract. Some contracts state it is either the buyer or seller who is responsible for any damages caused during an inspection. Other contracts use an addendum, such as Virginia REALTORS® Form 600M – Septic Addendum, where who is responsible for damages is negotiated. What you should know is that regardless of whether it is a preprinted clause on the contract or not, this is a negotiable term.

Q: My seller had an inspection that found deficiencies in the septic system and the contract fell through. Do I have to disclose this?

A: It depends on whether it is a material adverse fact or not. The answer is likely “yes”. However, if the seller remediates the issue, then the material adverse fact no longer exists and disclosure is not necessary.

Q: What does “readily accessible” mean?

A: § 59.1-310.7. Definitions states:

“Readily accessible” means approachable or enterable for inspection without the risk of damage to any property or alteration of the accessible space, equipment, or opening.

There has been some disagreement on the meaning of this definition. While the plain language of “without risk of damage to any property or alteration of the accessible space” seems to mean an inspector could not dig or excavate, some septic inspectors have taken the position that digging a certain number of inches or feet is standard practice and therefore included in the definition of “readily accessible”. Others have taken the position that it depends on whether it can be hand dug or if heavy equipment is required. Unfortunately, this does not provide a lot of clarity for REALTORS® or consumers.

What you need to know is:

  • Please speak with a septic inspector, so your client understands not only the costs but the potential scope of the work before you have a ratified contract that includes a septic inspection.
  • There is a material difference in the scope and contract price between digging and excavating. Make sure that whatever is required is negotiated between the parties and the septic inspector.

Q: Can I just negotiate in the contract to pump the system and nothing else?

A: Absolutely, nothing in the law requires a septic inspection to be performed. Merely pumping the septic tank can be an additional term in any contract that does not create any contingency, nor trigger this law.

Q: What form do I use if my client wants to order a septic inspection?

A: When ordering a septic inspection, VAR Form 600M must be included with the purchase agreement.

Q: I represent the buyer. The seller ordered and paid for the septic inspection. The inspection report noted some deficiencies in the system but did not include the estimated cost of repairs. When the buyer reached out to the septic inspector to get an estimate, they refused to give us any information stating that they worked only for the seller. The seller refuses to get the cost estimates and refuses to fix the system. What do we do?

A: There is nothing in the new law that requires a septic inspector to include the estimated cost for repairing any deficiencies. There is also nothing in the law that prevents a septic inspector from giving the buyer this information. In a seller’s market, similar to what we see with home inspections, the seller has the option to refuse to make repairs. In this case, the buyer could hire a separate inspector to get the information. Best practice here is to have this conversation up front with your buyer clients before writing a contract. Explain that this situation may happen and let the buyer decide if it would be in his/her best interest to order and pay for the inspection himself to avoid it.

Q: Does Virginia REALTORS® have a list of additional septic resources?

A: Yes: