Checked against EPA SepticSmart pages and state statutes and regulations on 2026-10-07. Laws and local rules change; the current law and your local health department win.
Most septic rules at sale are local, but a few states set one statewide. These are the statewide rules we found and checked in each state's official code on 2026-10-07. It's not a complete legal survey: counties, cities and towns often add their own. Minnesota's pollution control agency, for example, says state rules don't require a compliance inspection at sale, "but many county, city, or township ordinances do, especially in shoreland areas."
Rules as of 2026-10-07. Rules change; confirm with the agency or your county before relying on this.
| State | Statewide rule at sale or transfer | Source |
|---|---|---|
| Arizona | Transfer of ownership inspection "Within six months before the date of property transfer"; the buyer files a Notice of Transfer "within 15 calendar days after the property transfer." | ADEQ; Ariz. Admin. Code R18-9-A316 |
| Delaware | System "pumped out and inspected by a Class F and Class H licensee, respectively, prior to completion of the sale" (up to 90 calendar days for sheriff sales, auctions, short sales and cash sales). | 7 Del. Admin. Code 7101, 3.31.13 |
| Iowa | The system "shall be inspected prior to any transfer of ownership of the building," by a DNR-certified inspector; the deed isn't recorded without the report (or, if weather prevents the inspection, the buyer's binding agreement). One to four dwelling units; some transfers exempt. | Iowa Code 455B.172(11); Iowa DNR |
| Maine (shoreland) | Buyer "shall prior to purchase have the system inspected by a person certified by the department"; within 9 months after transfer if weather prevents it; malfunctions fixed within one year. | 30-A M.R.S. ยง4216 |
| Massachusetts | Title 5 inspection "Within 2 years before a sale" (3 years with yearly pumping records); within 6 months after if weather prevents it. "Only MassDEP-approved individuals can conduct system inspections." | MassDEP; 310 CMR 15.301 |
| Minnesota (disclosure) | "Before signing an agreement to sell or transfer real property," the seller discloses in writing how sewage is managed. No statewide compliance inspection, but local ordinances may require one. | Minn. Stat. 115.55, subd. 6; MPCA |
| New Hampshire (waterfront) | System "within 250 feet of the reference line": the buyer hires an NH licensed septic system evaluator before transfer. | RSA 485-A:39 |
| Rhode Island (cesspools) | Cesspool replaced or connected to sewer "within twelve (12) months of the date of sale or transfer"; contracts give the buyer a "ten-day (10) period" to inspect unless the parties agree otherwise. | R.I. Gen. Laws 23-19.15-12; 5-20.8-13 |
| Florida (opposite rule) | "An inspection of a system may not be mandated by a governmental entity at the point of sale in a real estate transaction." | Fla. Stat. 381.0065(4)(x) |
That doesn't mean there's no rule. Find your state's program on EPA's State Septic System Program Contacts list, then ask the county or local health department where the property is: "Is a septic inspection, pump-out, permit or disclosure required when this property is sold?" Ask your lender too; the MPCA notes that "Lending institutions also sometimes require compliance inspections for property transfers."
The checklist has this table plus the questions to ask the seller and inspector, EPA's maintenance intervals, and fill-in records, in one printable PDF.
Get the Septic System Checklist (PDF), $9
Instant download. 14-day no-questions refund. Edition 1.0, dated 2026-10-07. National (U.S.); 9 states' rules at sale plus how to check yours.