Carol Swain, REALTOR®, GRI

What's "Title 5"?

Title 5 (or "Title V")

You may notice that a number of property listings mention something about "Title 5" ("Title 5 Approved", "Title 5 System", etc.)

Title 5 refers to recent Massachusetts regulations covering on-site sewage disposal systems (septic systems, cesspools, and the like). Many of the properties in our market area have on-site systems. Others are connected to municipal sewer systems (which fact is usually mentioned in the property description).

There are many critics of the regulations and the rationale behind them, but the regulations are nevertheless in effect and must be followed.

Affects Properties Being Sold

Title 5 regulations require that on-site systems must comply with state-mandated design and performance standards whenever the property is sold. So at some point in the selling process the on-site system must be tested for compliance. If the system fails the Title 5 requirements, it must be repaired, or replaced with a system that meets the standard.

So it's important for a buyer to know what kind (on-site or town-connected) of system services the property, and, if it's on-site, what the plans are for Title 5 compliance.

Properties on Municipal Sewer Hookups

Title 5 is not an issue with these properties.

Planned Town Sewer Connections

The regulations may provide for a delay or waiver of compliance under certain circumstances when the community has plans for extending the municipal system to service a particular property within a certain span of time.

Ask me -- your REALTOR^® -- about situations like this should they arise.

Commonwealth of Massachusetts Information on Title 5

There is plenty of information on Title 5 available from the Commonwealth's Web site, if you would like to explore it in more detail.

Because the Commonwealth changes their Web site often, it's possible that this link won't work some time after we have created this page. If it doesn't, please let us know and we'll try to fix it ASAP.

Disclaimer

I am not a lawyer. The preceding is my understanding of the over-all effects of the highly complex Title 5 regulations, but may be incomplete or inaccurate, despite my best intentions. The same disclaimer that applies to property listings applies here. Please consult legal counsel familiar with the regulations for a definitive determination on any detailed, unresolved issues concerning Title 5. You may also want to visit the Commonwealth's Web site that includes Title 5 information.

	Email: Carol@CarolSwain.com
Phone: (781) 545-9399	FAX: (781) 545-9907	Office: 812A Rte 3A Cohasset, MA 02025-2118

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