Virginia’s real estate landscape is set to experience significant changes with the passage of House Bill 2671, which establishes new septic inspection requirements for property transactions. The legislation, supported by the Virginia REALTORS® Public Policy Committee, will take effect July 1, 2025, bringing standardized protocols to septic system evaluations during home sales. This consumer protection measure aims to provide buyers with detailed information about septic systems before completing their purchase, potentially reducing future liability concerns for all parties involved in real estate transactions.

The new law changes how septic inspections must be conducted when requested by lending institutions, real estate licensees, prospective buyers, or other stakeholders as a condition of property sales in Virginia. Under these regulations, inspectors must examine all accessible components of septic systems, including tanks, distribution devices, treatment units, and dispersal fields. Real estate professionals should familiarize themselves with these requirements now to ensure smooth transactions once the law takes effect, as proper septic inspections will become a critical component of property transfers throughout the state.

New Virginia Septic Inspection Law

House Bill 2671 introduces standards for septic inspections during real estate transactions across Virginia. Effective July 1, 2025, the legislation defines a “complete inspection” as an examination of all accessible components including septic tanks, pump tanks, distribution devices, treatment units, control panels, and dispersal fields. The law also requires inspection of components specified in the operation permit and evaluation of vegetation, grading, or signs of harmful water entry that could impact system function. This approach ensures buyers receive thorough information about the property’s septic system before finalizing their purchase.

A key provision of the new septic law mandates that complete inspections include pumping the septic tank, allowing for a more thorough evaluation of the system’s condition. The legislation defines “accessible” components as those that can be approached or entered for inspection without risking property damage or altering the accessible space. This definition provides clarity for inspectors while protecting property owners from unnecessary disruption. For Virginia real estate transactions involving properties with septic systems, these new requirements will significantly enhance consumer protection by ensuring buyers have comprehensive information about this critical home infrastructure component.

Inspection Options and Considerations

The scope of septic inspections remains negotiable between parties under the new Virginia law, providing flexibility while ensuring minimum standards are met. Buyers and sellers can choose from several options: a full inspection as outlined in the legislation (understanding limitations if components are underground), a partial inspection without pumping the septic tank (which still allows visual assessment where access exists above ground), or an inspection that permits terrain alterations like digging or excavating to access underground components. Real estate professionals should help clients understand these options and include specific inspection parameters in the purchase agreement, using the updated Virginia REALTORS® septic addendum Form 600M available by the law’s effective date.

One critical consideration under the new septic law changes is planning for the inspector’s report timeline. The legislation allows septic inspectors up to 10 business days to submit written reports following an inspection. This extended timeframe represents a significant shift in the real estate transaction timeline that must be carefully managed. Buyers particularly need to account for this potential 10-day waiting period when establishing inspection contingency deadlines in their purchase agreements. Virginia real estate professionals should proactively discuss this requirement with clients and inspectors, potentially adjusting contract dates to accommodate this legally permitted reporting window and avoid unnecessary complications in the transaction process.

Reporting Requirements and Best Practices

Under Virginia’s new septic inspection requirements, inspectors must document both inspected and non-inspected components in their reports, explaining why certain elements couldn’t be examined. For example, if a distribution box remains buried because excavation wasn’t permitted in the inspection agreement, this limitation must be noted. The law requires these detailed reports within 10 business days after inspection completion, creating a potential timing challenge for real estate transactions with tight deadlines. As industry best practice, REALTORS® should verify that inspection contingency periods in purchase agreements account for this mandated reporting window to avoid unnecessary contract extensions or disputes.

Real estate professionals can best navigate these septic law changes by recommending sellers obtain operation permits for their systems at the listing stage. This proactive approach provides critical documentation upfront, potentially streamlining the inspection process. When interacting with septic inspectors seeking property information, REALTORS® should remember to be the reliable source of information rather than providing potentially inaccurate details about system specifications. By understanding these reporting requirements and adopting best practices, Virginia real estate professionals can effectively guide clients through the new septic inspection process, ensuring compliance while protecting both buyers’ and sellers’ interests in property transactions involving septic systems.