Septic System Transfer of Title Acceptance Document
Selling a Property on a Septic System
Are you selling a property on a septic system? Download and read the process in the 2022 Homeowner's Guide (PDF).
Per the Lake County On-Site Wastewater Treatment Systems (OWTS) regulations, property owners of any residence or other building/facility served by an OWTS are required to get a Transfer of Title (TOT) use permit from LCPHA prior to the sale or transfer of title of the property. Failure to obtain a TOT use permit from the LCPHA for a covered transaction as provided by this regulation will subject the owner who failed to obtain the document to a penalty assessed under section 25-10-113, C.R.S.
- The owner, transferor, or real estate agent must apply for a TOT application using the Transfer of Title (TOT) Application for real estate sales with OWTS = $50 + $11 fee.
- Have the OWTS evaluated by a NAWT certified inspector. See the OWTS pumper/ TOT inspectors.
Important: Not all systems require an inspection. Please see the list of qualified exemptions. If you believe that your property falls under the exemptions for an inspection, you must fill out the Exemption Request Form and submit to the LCPHA for approval. Please remember that regardless of whether you need an inspection, you will still need to apply for the TOT use permit.
Warning! If you are needing to acquire a TOT use permit from Lake County on an OWTS, do not have the system pumped and cleaned prior to the inspection of the system. The pumping of the tank is part of the inspection and takes place in the middle of the inspection. If the system has been pumped prior to the inspection, a complete inspection cannot be conducted. To alleviate any undue stress on the buyers the LCPHA strongly recommends not having the system pumped prior to the TOT inspection. The inspector will need access to the home at the time of the inspection. If they are not given access to the home, it will require another inspection. The system inspection report must be less than 365 days old.
Inspections cannot occur in the winter and must cease once snow covers the Soil Treatment Area (STA). To proceed with the sale and closing of a property without an inspection, the buyers will need to agree to have the system inspected in the spring (and fix any repairs/replace system if necessary) by signing the notarized inspection agreement. The LCPHA requires a copy of the agreement to issue the TOT use permit prior to closing. During the winter, homeowners should first reach out to the Lake County Environmental Health Department to get instructions on how to proceed without an inspection.
As of November 1, 2022, Lake County revised its regulations to allow the transfer of septic permits from the previous owner to the new owner after the transfer of title. The new owners are required to apply within 60 days of closing otherwise the permit will become invalid. To apply for a septic permit transfer submit the Septic Permit Ownership Transfer Application (PDF) along with a copy of proof of ownership (warranty deed, closing papers etc.) by email to Environmental Health.
For more information, watch this video of the July 6, 2022 Transfer of Title Permits Meeting.