Property Transfer Regulation
The onsite wastewater treatment system (septic) property transfer regulation requires that all structures with plumbing in Boulder County have an adequately operating and approved septic system for the accurate number of bedrooms (or daily flow) at the time of sale or purchase of the property, or a written agreement that the buyer will make any needed repairs within one year.
Options for Meeting the Property Transfer Requirement
There are three options for meeting the property transfer requirement:
- Get entire Onsite Wastewater Treatment System inspected, everything passes, submit inspection report and application to Boulder County Public Health, obtain Property Transfer Certificate PRIOR to closing. (Timeline is 2 weeks submission to certificate being issued)
- All of this must happen PRIOR TO CLOSING: Get system inspected, take out a permit to fix/replace parts of system that did NOT pass the inspection. Get Boulder County Public Health’s final approval of permit and repair. Submit failed inspection showing the rest of the system is working. (Timeline up to 3 months)
- If any of option 2 cannot be completed PRIOR TO THE CLOSING, the buyer must submit signed/notarized Agreement to Repair, submit the failed inspection if applicable, and apply for a CONDITIONAL Property Transfer.
- Repairs required: The agreement states that the buyer has 365-days after the closing date to complete the repairs. (Timeline is 2 weeks submission to certificate being issued)
- Hooking into municipal sewer: The agreement states that the buyer has 2-years after the closing date to connect to sewer. (Timeline is 2 weeks submission to certificate being issued)
Exemptions from Property Transfer Requirements
- A property transfer certificate will not be required under the following circumstances:
- The entire onsite wastewater treatment (septic) system serving the dwelling or structure was installed and given final Boulder County Public Health approval less than five years before the property sale closing date. An inspection will be required if any part of the OWTS is more than five years old (building sewer line is excluded).
- The change in property ownership is solely to include or exclude a spouse.
- The property transfer is creating or ending a joint ownership if at least one person is an original owner of the property and/or the spouse of an original property owner.
- The property transfer contains a building or buildings connected to an onsite wastewater treatment system that will be demolished (or already has been), and the building/buildings will not be occupied after the property transfer occurs.
- The property transfer is being made to a trust that is in the same name as the property owner.
- The property transfer is to affect the foreclosure or forfeiture of real property.
- The property owner or person acquiring the title has signed an enforceable agreement with Boulder County Public Health to repair the onsite wastewater treatment system.
- The property owner will connect the dwelling or occupied building to a sanitary sewer or shared wastewater treatment system within two years following transfer of title, provided that such agreement has been disclosed to and is binding on the subsequent owner(s).
- The property owner is part of a community plan or management district for which their onsite wastewater treatment system has received written approval from Boulder County Public Health and the onsite wastewater treatment system been inspected, per plan requirements.
If the onsite wastewater treatment system is not functioning according to design, the system must be repaired so it is functioning appropriately. Photo documentation of all malfunctions and failures must be submitted to Boulder County Public Health with the applicable inspection report.