For real estate agents working with properties that rely on septic systems, understanding how septic inspections work is increasingly important. With new regulations taking effect on July 1, 2025, septic inspections conducted in connection with real estate transactions will follow more formalized and standardized requirements.
Under HB2671, any septic inspection performed as part of a real estate sale must comply with specific legal standards. While the law does not require septic inspections for every transaction, it does regulate how inspections must be conducted when they occur.
This guide outlines ten practical steps real estate agents can follow to help ensure septic inspections are handled correctly, efficiently, and in compliance with updated requirements.
1. Understand the Purpose of HB2671
HB2671 does not mandate septic inspections for property sales. Instead, it establishes clear standards that apply only when a septic inspection is performed in connection with a real estate transaction.
The law:
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Defines the scope of a real estate septic inspection
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Limits who may perform the inspection
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Requires standardized documentation
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Clarifies what inspection methods are permitted and prohibited
The goal is to create consistency and transparency for buyers, sellers, inspectors, and agents.
2. Educate Clients Early in the Process
When a property uses a septic system, it is important to inform clients early that:
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Buyers may expect documentation regarding system condition
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A real estate septic inspection may be recommended by lenders, attorneys, or buyers
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If an inspection is performed, it must comply with HB2671 requirements
Clear communication helps avoid delays and misunderstandings later in the transaction.
3. Use the Required Inspection Contract
Beginning July 1, 2025, a standardized real estate septic inspection contract must be used whenever an inspection is conducted for a property transaction.
This contract:
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Establishes a legal agreement between the inspector and the client
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Defines inspection scope and limitations
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Helps manage expectations and liability
Including this document early in the transaction workflow supports compliance and efficiency.
4. Confirm Inspector Qualifications
Only inspectors holding specific credentials may perform real estate septic inspections under the new standards. Acceptable qualifications include licensed operators, installers, or soil evaluators authorized to assess onsite sewage systems.
Using an unqualified inspector may result in invalid reports or transaction delays.
5. Schedule Inspections Early
Because inspections must be completed and reported within defined timeframes, early scheduling is essential.
Best practices include:
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Scheduling inspections soon after contract ratification
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Confirming inspector availability in advance
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Allowing sufficient time for report preparation
Planning ahead helps prevent closing delays.
6. Understand Inspection Scope and Limitations
Real estate septic inspections are visual and non-invasive. They do not include:
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Hydraulic load testing
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Excavation of inaccessible areas
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Pass-or-fail determinations
However, inspectors are required to visually evaluate all readily accessible components, including tanks, distribution devices, control panels, drainfields, and site conditions that may affect system performance.
7. Review Inspection Reports Carefully
Agents should review inspection reports before sharing them with clients. Reports typically include:
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Inspector identification and credentials
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Components inspected and those not inspected
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Observed deficiencies or concerns
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Recommendations for repair or further evaluation
Understanding report contents helps agents guide clients effectively.
8. Help Buyers Interpret Findings
If an inspection identifies concerns, buyers may need assistance understanding next steps. Agents can help by:
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Recommending further evaluation by qualified professionals
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Discussing potential repair considerations
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Supporting contract negotiations based on inspection findings
Clear guidance helps buyers make informed decisions.
9. Encourage Sellers to Prepare in Advance
For sellers, addressing septic system concerns before listing can reduce uncertainty during negotiations. Pre-sale inspections may:
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Identify issues early
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Allow time for repairs or maintenance
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Increase buyer confidence
Preparation can help streamline the transaction process.
10. Maintain Professional Septic Service Relationships
Building relationships with reliable, licensed septic professionals supports smoother transactions. Professionals familiar with inspection standards and reporting requirements can help ensure compliance and timely service.
Why This Knowledge Matters
Septic systems are common in many residential properties. Understanding inspection requirements and processes helps real estate agents anticipate challenges, manage expectations, and reduce transaction risk.
Agents who proactively address septic system considerations are better positioned to guide clients and support successful closings.
Septic inspections do not need to be a source of confusion or delay. By understanding updated standards, communicating clearly with clients, and planning ahead, real estate agents can navigate septic inspections with confidence.
Knowledgeable handling of septic system considerations helps protect clients’ interests and supports smoother real estate transactions.
