September 3, 2024
Earlier this summer, the Governor signed into law House Bill 1113, relative to septic evaluation (more commonly known as a “septic inspection”) prior to transfer of properties on the developed waterfront.
The new law, which went into effect on September 1, eliminates the requirement that a seller perform a septic site assessment. Instead, a buyer will need to have a septic inspection performed prior to transfer. Here are some FAQs prepared by NHAR on the new law.
What does the new law mean for sellers?
A seller should allow a buyer to perform a septic inspection. All other requirements are the responsibility of the buyer.
What does the new law mean for buyers?
A buyer must perform a septic inspection prior to transfer. Buyers can accept a septic inspection report from the seller as long as it was performed not more than 180 days prior to transfer.
What is a septic evaluation?
A septic inspection is performed by a licensed septic evaluator. Septic evaluation is not new and the terms “evaluation” and “inspection” are interchangeable. Septic inspections are already commonplace in real estate transfers.
Do all buyers have to perform a septic inspection?
No. The new law only requires inspections if any part of the septic system is within 250 feet of the reference line, meaning high-water mark of a lake or pond greater than 10 acres; coastal waters; and fourth order or higher rivers (RSA 483-B:4).
What if the property has a septic system which was never approved by NHDES or was approved prior to September 1989?
The buyer must also hire a New Hampshire permitted septic system designer to determine the elevation of the bottom of the effluent disposal area relative to the elevation of the seasonal high-water table. Based on this information, the New Hampshire permitted septic system designer can determine if the system is in failure.
What if the septic system is deemed to be in failure or showing signs of failure?
The system needs to be either repaired or replaced within 180 days after transfer. Both the seller and buyer are free to determine how and who will pay for the cost of the repair or replacement.
Does either the buyer or buyer agent need to notify the NH Department of Environmental Services of the inspection results?
No. That is the responsibility of the licensed septic evaluator.
What if the buyer is planning to replace or remove the septic system anyway? Do they still need to get an inspection?
No. The buyer is not required to comply if they will replace or repair the septic system within 180 days of the transfer of the property. The buyer will need to notify NHDES and the local health officer that a septic system evaluation was not performed because the system will be replaced.
Why was the legislation passed?
Sponsors of the bill cited increasing cyanobacteria outbreaks as the reason septic systems need to be functional, so runoff from a failed system does not contribute additional phosphorous loading in our waterways.
Where can I find more information?
Contact the NH Department of Environment Subsurface Systems Bureau at 603-271-3501.
Earlier this summer, New Hampshire REALTORS CEO Bob Quinn and NH Department of Environmental Services Land Resources Division Manager Phil Trowbridge discussed House Bill 1113. To view the video, click here.