What does Virginia law say about septic inspections at a sale?
It does not require an inspection on every sale. VDH says it does not require one before a property transfers, though a lender may, and it recommends that a licensed professional inspect the system anyway.
What the law regulates is the inspection itself. Sections 59.1-310.7 through 59.1-310.10 of the Code of Virginia apply when a lender, real estate licensee, prospective buyer or other interested party requests an inspection as a condition of a sale, refinance or transfer of title. Nobody has to order one, but if one is ordered, it must meet the state minimum. The chapter was rewritten in 2025 (Acts 2025, c. 103) and amended again in 2026 (Acts 2026, cc. 267 and 268). This guide follows the text now posted on the Virginia Law site.
Who may inspect?
Only a person with a valid Virginia onsite sewage system operator, installer or soil evaluator license may do an inspection tied to a real estate transaction. Doing one without meeting the requirements is a Class 3 misdemeanor. Ask to see the license before you hire anyone.
What goes in the contract, and does it include pumping?
Before the inspection, the inspector must give the client a signed contract describing the work and cost and stating that a complete inspection requires pumping the tank. If the client declines pumping, the contract records that. Dunn Rite’s real estate inspections are built around this standard; confirm the contract terms with the office before the visit.
What does the written report include, and when is it due?
The report is due within 10 business days of the start of the inspection, unless both sides agree otherwise in writing. It must say whether the system is operating as intended. It lists the components inspected, any not inspected and why, and any adverse conditions, with the consequences and a recommendation for further evaluation where needed.
What does the inspector check?
Every readily accessible and openable component: the tank, any pump tank, distribution devices, treatment units, control panels and the drain field. The inspector also looks at any components named in the operation permit, plus vegetation, grading and signs of harmful water entry. Since the 2026 amendments, “readily accessible” does not include digging through more than 30 inches of surface material to reach lids, distribution devices or other inspection ports.
The report states the system’s size or design capacity in gallons per day or bedroom count, taken from local health department records. If those records are not available, the inspector must recommend how to determine capacity. The 2026 amendments dropped an earlier requirement to report the advertised bedroom count or an owner’s statement. The report also says whether the system needs a licensed operator and points you to the local health department for operation and maintenance reports.
What can an inspection not tell you?
Less than people hope. Virginia bars inspectors from giving pass or fail results or graded ratings, and from running hydraulic load tests that imitate peak flows. They do not have to give warranties, calculate a system’s strength or efficiency, or move vegetation or objects blocking access.
The inspection is not a soil suitability evaluation. Soil notes at the drain field are limited to visible saturation, surfacing or ponding. Whether a house has a bedroom the permit does not cover is a records question for the health department, not the inspector.
What should buyers ask for?
Records come from the local health department. VDH lists the documents that matter:
- The permit, which lists components, design capacity and past repairs
- Inspection reports from when the system was installed
- The operation permit, which confirms capacity and any ongoing requirements
- An as-built drawing, if one exists, showing where parts are
- Operation and maintenance reports and any enforcement records, such as a notice of violation
Why does the bedroom count matter?
VDH says residential systems are designed at 150 gallons a day per bedroom. A three-bedroom house is permitted for 450 gallons a day, and a fourth bedroom means 600, which can require a modified or new system.
What can the deed reveal?
Look for a conditional permit that limits occupancy or use, an easement where a system crosses a property line, and waivers. A waiver granted to repair a failing system is void on sale, and the new owner must install a fully compliant system.
When should the inspection happen?
As early as possible. VDH advises several weeks before closing, because a major repair needs a design, a construction permit, installation, a designer’s inspection and a new operation permit, which can delay closing. See septic permits and the health department for the steps.
What should sellers do?
Gather the file before listing. VDH advises keeping the permits, the operation permit and the maintenance records, and resolving open enforcement actions. Keep receipts from every pumping the tank.
If you do not know where the tank is, a location visit can mark it, and a riser gives the inspector a lid that opens without digging.
What if problems turn up?
Minor fixes by a licensed provider may be allowed. Significant repairs need a licensed designer and a construction permit before any work begins. Settle early who handles repairs and who pays, because the law leaves that to the contract. If the buyer’s inspector is the one finding problems, a seller who ordered their own report beforehand has more room to plan.
Which health department holds the records?
It depends on the county. Campbell, Amherst, Appomattox and Bedford counties have offices in the Central Virginia Health District, and Nelson County is in the Blue Ridge Health District. If the house is near the lake, the county pump-out rules may apply as well; read about Smith Mountain Lake before you make an offer.
Common questions
Who pays for the septic inspection, the buyer or the seller?
The law does not say. The purchase contract decides, and the lender, agent or buyer who requests the inspection usually shapes it. Agree on who orders it and who pays before the inspection date, and on whether both sides receive the report.
Does the inspection have to include pumping the tank?
A complete inspection under Virginia law includes pumping. The inspector’s contract must say that, and if the client declines pumping, the contract records the choice. A report with no pumping tells you less about the tank’s interior condition. Ask for the contract before the visit so the scope is clear.
Can the inspector tell me the system passed?
No. Virginia law bars pass or fail and graded functionality determinations. You get a written report of what was inspected, what was not, and what problems and recommendations were found, within 10 business days of the start of the inspection unless you agreed to a different date in writing. That means the report describes conditions and recommendations, and you decide what to do with them.
What if the house has no health department records?
The report must say the records are missing, and the inspector must recommend how to determine the system’s capacity. Older systems sometimes lack paperwork. Ask the local health department what exists, such as the permit, an as-built drawing and operation reports, before relying on assumptions. A recommendation is not a measurement, so leave time to settle the question before closing.
Do I need an inspection if I am paying cash?
No law requires it, and a cash buyer has no lender asking for one. VDH still recommends a licensed inspection of any septic system. A failing system can be expensive to correct after the sale, so many buyers inspect even without a requirement.
Who can legally inspect a septic system for a sale?
Someone holding a Virginia onsite sewage system operator, installer or soil evaluator license. Doing a real estate septic inspection without meeting the requirements is a Class 3 misdemeanor. Ask for the license number before you hire. The inspector’s contract and report should show the license type.
Sources
- Code of Virginia, 59.1-310.7 (definitions)
- Code of Virginia, 59.1-310.8 (exceptions)
- Code of Virginia, 59.1-310.9 (inspector requirements and minimum inspection)
- Code of Virginia, 59.1-310.10 (penalty)
- VDH, buying a house with an onsite system
- Virginia REALTORS, new septic inspection legislation
- VDH, Central Virginia health department locations
- Virginia Code 59.1-310.7 to 310.10, current text including 2026 amendments
- HB 1178 (2026), summary of what the bill changed