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H 142

An act relating to requiring inspection of wastewater systems

2025-2026 Regular Session Introduced by Sarita Austin

H.142 requires sellers of real estate served by wastewater systems to provide a certified pre-conveyance inspection showing system functionality and maintenance needs, filed with t

Read first time and referred to the Committee on Environment
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Bill Summary · H 142

Purpose and intent

  • H.142, introduced in the Vermont House by Rep. Sarah “Sarita” Austin (Colchester), seeks to improve reliability and transparency of wastewater systems serving real property.
  • The bill requires sellers of real estate served by a wastewater system to provide the buyer with a certificate of inspection for the wastewater system, issued within two years prior to the conveyance.
  • The overarching goal is to ensure buyers are informed about the condition and maintenance needs of the wastewater system before purchase.

Key provisions and changes

  • Permitting framework (10 V.S.A. § 1973):

    • The bill maintains existing permit requirements for potable water supply and wastewater systems, including construction, replacement, or modification.
    • It strengthens verification by requiring that permit-related certifications and inspections be true, correct, and in compliance with permit conditions and applicable rules.
    • It requires proper record-keeping: permits, design/installation certifications, inspection certifications, and related documents must be indexed and recorded in land records (pursuant to 24 V.S.A. §§ 1154 and 1161).

  • Pre-conveyance inspection requirement (new § 1973(k)):

    • Before the conveyance of real property served by a wastewater system, the seller must provide the buyer with a certificate of inspection.
    • The certificate must be issued within two years prior to the conveyance.
    • An inspection must be conducted by a licensed designer who:
    • Certifies the functionality of the wastewater system.
    • Evaluates compliance with this chapter and relevant rules.
    • Identifies maintenance or repair needs.
    • The licensed designer must file the certificate of inspection with the Secretary and also file a copy in the lands records of the town where the wastewater system is located.

  • Effective date:

    • The act would become effective July 1, 2025.

Who and what is affected

  • Real property transactions involving properties served by wastewater systems in Vermont.
  • Sellers of such properties would bear the obligation to furnish the certificate of inspection to buyers.
  • Buyers receive documentation about the current state and compliance status of the wastewater system.
  • Licensed designers who perform the inspections and certify the certificates.
  • Town land records offices that would receive copies of the certificate of inspection.

Procedural and timeline aspects

  • Effective date: July 1, 2025.
  • Pre-conveyance timeline: inspections must occur within two years before the date of conveyance, ensuring recency of information.
  • Filing requirements:
    • Certificate of inspection must be filed with the Secretary.
    • A copy of the certificate must be recorded in the town lands records.
  • Documentation continuity: aligns with existing permitting and record-keeping requirements to ensure all relevant certificates and inspections are properly indexed and recorded.

Practical considerations

  • Benefits:
    • Informed buyers and potentially more transparent real estate transactions.
    • Early identification of maintenance or repair needs, potentially preventing costly post-sale failures.
  • Potential considerations:
    • Additional cost and coordination for sellers to obtain the certificate.
    • Availability of licensed designers to perform inspections, particularly in rural areas.
    • Clarity on what constitutes “maintenance or repair needs” and subsequent remedies.

Overall, H.142 adds a mandatory pre-sale certification process for wastewater systems to improve transparency and system reliability in Vermont real estate transactions.

Compiled from official sources — confirm details with the bill’s official record.

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