Most properties served by a septic system in La Plata County are required to undergo inspection prior to sale. This requirement helps identify failing and hazardous systems and protects property buyers from unforeseen repair obligations.

  1. Before listing the property for sale, download a copy of your existing septic system permit
  2. If the system is properly permitted for the uses currently on site (as reported by the County Assessor), or appears to be older than 1967, have the system inspected by a third-party NAWT-certified inspector.
    • If the system is not properly permitted for the uses on site, visit the Permits page to learn how to apply for a proper permit for the system.
    • If the inspection cannot be completed prior to closing due to snow cover, frozen ground, etc., you may still legally sell the property if the buyers agree to have the inspection performed when conditions allow and to be responsible for all deficiencies identified. Use the application form below and attach a fully executed Buyer's Agreement to Inspect (also found under Documents below).
  1. If the inspection finds that your system is functioning acceptably, use the application form below to apply for Transfer of Title Acceptance Document at least two weeks before your expected closing date and attach a copy of the Inspection Report you receive from your inspector.
    • If the inspection finds that your system is not functioning acceptably, visit the Permits page to determine if you need to apply for a repair or alteration permit, or only need to perform maintenance on the system.
    • If you only need to perform maintenance not requiring a permit, have the identified maintenance performed by a qualified professional and submit documentation that the maintenance is complete along with your Application for a Transfer of Title Acceptance Document.
    • If repairs or alterations cannot be completed prior to closing, you may still legally sell the property if the buyers agree to complete the necessary improvements. Use the application form below to apply for a Conditional Transfer of Title Acceptance Document and attach a copy of your Inspection Report and a fully executed Buyers Agreement to Repair or Alter (see Documents listing below).
  1. Once you have applied for an Acceptance Document, pay the $110 administrative fee. This fee is nonrefundable. If you pay online, write "Transfer of Title" in the "Description" field and write the property address in the "Invoice number/Customer Name" field.
  2. It generally takes LPCPH about three business days to review an Application for a Transfer of Title Acceptance Document and either issue an Acceptance Document or request more information from the applicant. Acceptance Documents are issued by email to all email addresses provided on the application. Once the document is issued, take it to your closing or provide it to your title company.
Septic System Less Than 4 Years Old

If you are selling a property with a septic system that is less than four years old (as of the expected closing date), you may be exempt from the Transfer of Title Inspections Requirement. Use this link to download a copy of your existing permit. If the date of the final signature at the bottom right is less than four years old on the closing date, the system is exempt from additional inspections at time of sale.

  • Be aware that some buyers' agents will add a requirement for a Transfer of Title Acceptance Document into real estate contracts, even if the property is exempt from the legal requirement to obtain one.
Systems that Fail Inspection or are not Properly Permitted
If transfer of title inspection reveals a malfunction in the system, or permit history shows that the system is not properly permitted for the uses on site (i.e. number of dwellings and bedrooms), a repair or alteration permit may be required. Contact the Public Health Department's OWTS team for additional guidance on what may be required, or ask your NAWT-certified inspector or other OWTS industry professional. Required repairs or alterations may be performed by buyers of property after closing with a signed Buyers' Agreement (see forms below).

Exemptions 
Certain types of transactions are exempt from the Transfer of Title Inspections requirement:

  • The transfer is not an arm's length transaction (for example, inheritance, including a spouse)
  • The transfer is creating or ending joint ownership, with one original owner remaining on the title
  • Creating trusts and LLCs in the same name as the original owner

Document Descriptions

  • As a courtesy, LPCPH maintains an unofficial registry of local certified inspectors. This list is not official or comprehensive and you should verify that an inspector's certificate is current before contracting with them to do an inspection. There may be other certified inspectors on the NAWT website that do not appear on LPCPH's courtesy list.

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