{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-164.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-164.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-164.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-164.1_1.html"}],"law_id":69017,"edition_id":1,"section_id":69017,"structure_id":13156,"section_number":"32.1-164.1:1","catch_line":"Validity of certain septic tank permits","history":"1984, c. 401; 1986, c. 331; 1994, c. 747; 2004, c. 916; 2005, c. 469; 2011, c. 394; 2015, c. 111.","full_text":"A\n\nAny septic tank permit issued shall be valid for a period of 18 months from the date of issuance unless there has been a substantial, intervening change in the soil or site conditions where the septic system is to be located. However, if a building permit has been obtained or building construction has commenced, the permit may be extended for an additional 18 months. Applicants shall be informed of the septic tank permit validity period and advised to apply only when ready to begin construction.B\n\nFurther, whenever any onsite sewage system is failing, or an owner has elected to voluntarily upgrade an onsite sewage system pursuant to § 32.1-164.1:3, and it is on or serves real property consisting of not less than one nor more than four dwelling units and the Board’s regulations impose (i) a requirement for treatment beyond the level of treatment provided by the existing onsite sewage system when operating properly or (ii) a new requirement for pressure dosing, the owner may request a waiver from such requirements. The Commissioner shall grant any request for such waiver, unless he finds that the system was installed illegally without a permit. Any such waivers shall be recorded in the land records of the clerk of the circuit court in the jurisdiction in which the property on which the relevant onsite sewage system is located. Except as provided in subsection C, waivers granted hereunder shall not be transferable and shall be null and void upon transfer or sale of the property on which the onsite sewage system is located. Additional treatment or pressure dosing requirements shall be imposed in such instances when the property is transferred or sold.\n\t\t\tAny owner who (a) obtained a waiver to repair a failing onsite sewage system pursuant to this subsection on or between July 1, 2004, and December 6, 2011, (b) completed such repair, and (c) voluntarily upgrades the system may request, and shall receive, a voluntary upgrade waiver in accordance with this section and § 32.1-164.1:3. Any such waiver shall be recorded in the land records of the clerk of the circuit court in the jurisdiction where the onsite sewage system is located and shall supersede any prior waiver recorded pursuant to this section.\n\t\t\tThe owner of the relevant property shall disclose, in accordance with subsection D, that any operating permit for the onsite sewage system that has been granted a waiver authorized by this subsection shall be null and void at the time of transfer or sale of the property and that the Board’s regulatory requirements for additional treatment or pressure dosing shall be required before an operating permit may be reinstated.\n\t\t\tThe provisions of this subsection shall apply only with respect to transfers by sale, exchange, installment land sales contract, or lease with option to buy residential real property consisting of not less than one nor more than four dwelling units, whether or not the transaction is with the assistance of a licensed real estate broker or salesperson.C\n\nThe following are specifically allowed under the provisions of subsection B:1\n\nTransfers pursuant to court order including, but not limited to, transfers ordered by a court in administration of an estate, transfers pursuant to a writ of execution, transfers by foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance.2\n\nTransfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, transfers by a trustee under a deed of trust pursuant to a foreclosure, or transfers by a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a foreclosure sale under a deed of trust or has acquired the real property by deed in lieu of foreclosure.3\n\nTransfers not for value by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust.4\n\nTransfers between spouses resulting from a decree of divorce or a property settlement stipulation pursuant to the provisions of Title 20.5\n\nTransfers to or from any governmental entity or public or quasi-public housing authority or agency.6\n\nTransfers pursuant to real estate purchase contracts where the owner has obtained a permit to voluntarily upgrade an onsite sewage system pursuant to § 32.1-164.1:3.7\n\nOther transfers consistent with criteria established by the Board of Health and the Real Estate Board.D\n\nThe owner of residential real property subject to subsection B shall deliver to the purchaser a written disclosure prior to the acceptance of a real estate purchase contract. The written disclosure statement shall be in a separate document, developed by the Real Estate Board on or before January 1, 2006. Prior to that time, it shall be the obligation of the owner of such residential real property to prepare the written disclosure statement and provide it to the purchaser as otherwise provided herein.E\n\nIf the disclosure required by subsection B is delivered to the purchaser after the acceptance of the real estate purchase contract, the purchaser’s sole remedy shall be to terminate the real estate purchase contract at or prior to the earliest of the following: (i) three days after delivery of the disclosure in person; (ii) five days after the postmark if the disclosure is deposited in the United States mail, postage prepaid, and properly addressed to the purchaser; (iii) settlement upon purchase of the property; (iv) occupancy of the property by the purchaser; (v) the execution by the purchaser of a written waiver of the purchaser’s right of termination under this chapter contained in a writing separate from the real estate purchase contract; or (vi) the purchaser making written application to a lender for a mortgage loan where such application contains a disclosure that the right of termination shall end upon the application for the mortgage loan.\n\t\t\tIn order to terminate a real estate purchase contract when permitted by this subsection, the purchaser shall, within the time required by this chapter, give written notice to the owner either by hand delivery or by United States mail, postage prepaid, and properly addressed to the owner. If the purchaser terminates a real estate purchase contract in compliance with this chapter, the termination shall be without penalty to the purchaser, and any deposit shall be promptly returned to the purchaser. Any rights of the purchaser to terminate the contract provided by this chapter shall end if not exercised prior to the earlier of (i) the making of a written application to a lender for a mortgage loan where the application contains a disclosure that the right of termination shall end upon the application for the mortgage loan or (ii) settlement or occupancy by the purchaser, in the event of a sale, or occupancy, or in the event of a lease with option to purchase.F\n\nA real estate licensee representing an owner of residential real property as the listing broker shall have a duty to inform each such owner represented by that licensee of the owner’s rights and obligations under subsection B. A real estate licensee representing a purchaser of residential real property or, if the purchaser is not represented by a licensee, the real estate licensee representing an owner of residential real estate and dealing with the purchaser shall have a duty to inform each such purchaser of the purchaser’s rights and obligations under subsection B. Provided a real estate licensee performs those duties, the licensee shall have no further duties to the parties to a residential real estate transaction under this section, and shall not be liable to any party to a residential real estate transaction for a violation of subsection B or for any failure to disclose any information regarding any real property subject to subsection B.G\n\nFor the purposes of this section:\n\t\t\t“Acceptance” means the full execution of a real estate purchase contract by all parties.\n\t\t\t“Real estate purchase contract” means a contract for the sale, exchange, or lease with option to buy of real estate subject to this section.H\n\nThe Real Estate Board shall enforce subsections D, E, and F pursuant to the provisions of Chapter 21 of Title 54.1 (§ 54.1-2100 et seq.).","order_by":null,"text":{"0":{"id":249799,"text":"Any septic tank permit issued shall be valid for a period of 18 months from the date of issuance unless there has been a substantial, intervening change in the soil or site conditions where the septic system is to be located. However, if a building permit has been obtained or building construction has commenced, the permit may be extended for an additional 18 months. Applicants shall be informed of the septic tank permit validity period and advised to apply only when ready to begin construction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":249800,"text":"Further, whenever any onsite sewage system is failing, or an owner has elected to voluntarily upgrade an onsite sewage system pursuant to § 32.1-164.1:3, and it is on or serves real property consisting of not less than one nor more than four dwelling units and the Board’s regulations impose (i) a requirement for treatment beyond the level of treatment provided by the existing onsite sewage system when operating properly or (ii) a new requirement for pressure dosing, the owner may request a waiver from such requirements. The Commissioner shall grant any request for such waiver, unless he finds that the system was installed illegally without a permit. Any such waivers shall be recorded in the land records of the clerk of the circuit court in the jurisdiction in which the property on which the relevant onsite sewage system is located. Except as provided in subsection C, waivers granted hereunder shall not be transferable and shall be null and void upon transfer or sale of the property on which the onsite sewage system is located. Additional treatment or pressure dosing requirements shall be imposed in such instances when the property is transferred or sold.\n\t\t\tAny owner who (a) obtained a waiver to repair a failing onsite sewage system pursuant to this subsection on or between July 1, 2004, and December 6, 2011, (b) completed such repair, and (c) voluntarily upgrades the system may request, and shall receive, a voluntary upgrade waiver in accordance with this section and § 32.1-164.1:3. Any such waiver shall be recorded in the land records of the clerk of the circuit court in the jurisdiction where the onsite sewage system is located and shall supersede any prior waiver recorded pursuant to this section.\n\t\t\tThe owner of the relevant property shall disclose, in accordance with subsection D, that any operating permit for the onsite sewage system that has been granted a waiver authorized by this subsection shall be null and void at the time of transfer or sale of the property and that the Board’s regulatory requirements for additional treatment or pressure dosing shall be required before an operating permit may be reinstated.\n\t\t\tThe provisions of this subsection shall apply only with respect to transfers by sale, exchange, installment land sales contract, or lease with option to buy residential real property consisting of not less than one nor more than four dwelling units, whether or not the transaction is with the assistance of a licensed real estate broker or salesperson.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":249801,"text":"The following are specifically allowed under the provisions of subsection B:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":249802,"text":"Transfers pursuant to court order including, but not limited to, transfers ordered by a court in administration of an estate, transfers pursuant to a writ of execution, transfers by foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":249803,"text":"Transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, transfers by a trustee under a deed of trust pursuant to a foreclosure, or transfers by a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a foreclosure sale under a deed of trust or has acquired the real property by deed in lieu of foreclosure.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":249804,"text":"Transfers not for value by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":249805,"text":"Transfers between spouses resulting from a decree of divorce or a property settlement stipulation pursuant to the provisions of Title 20.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":249806,"text":"Transfers to or from any governmental entity or public or quasi-public housing authority or agency.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":249807,"text":"Transfers pursuant to real estate purchase contracts where the owner has obtained a permit to voluntarily upgrade an onsite sewage system pursuant to § 32.1-164.1:3.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":249808,"text":"Other transfers consistent with criteria established by the Board of Health and the Real Estate Board.","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"D"},"10":{"id":249809,"text":"The owner of residential real property subject to subsection B shall deliver to the purchaser a written disclosure prior to the acceptance of a real estate purchase contract. The written disclosure statement shall be in a separate document, developed by the Real Estate Board on or before January 1, 2006. Prior to that time, it shall be the obligation of the owner of such residential real property to prepare the written disclosure statement and provide it to the purchaser as otherwise provided herein.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C7","next_prefix":"E"},"11":{"id":249810,"text":"If the disclosure required by subsection B is delivered to the purchaser after the acceptance of the real estate purchase contract, the purchaser’s sole remedy shall be to terminate the real estate purchase contract at or prior to the earliest of the following: (i) three days after delivery of the disclosure in person; (ii) five days after the postmark if the disclosure is deposited in the United States mail, postage prepaid, and properly addressed to the purchaser; (iii) settlement upon purchase of the property; (iv) occupancy of the property by the purchaser; (v) the execution by the purchaser of a written waiver of the purchaser’s right of termination under this chapter contained in a writing separate from the real estate purchase contract; or (vi) the purchaser making written application to a lender for a mortgage loan where such application contains a disclosure that the right of termination shall end upon the application for the mortgage loan.\n\t\t\tIn order to terminate a real estate purchase contract when permitted by this subsection, the purchaser shall, within the time required by this chapter, give written notice to the owner either by hand delivery or by United States mail, postage prepaid, and properly addressed to the owner. If the purchaser terminates a real estate purchase contract in compliance with this chapter, the termination shall be without penalty to the purchaser, and any deposit shall be promptly returned to the purchaser. Any rights of the purchaser to terminate the contract provided by this chapter shall end if not exercised prior to the earlier of (i) the making of a written application to a lender for a mortgage loan where the application contains a disclosure that the right of termination shall end upon the application for the mortgage loan or (ii) settlement or occupancy by the purchaser, in the event of a sale, or occupancy, or in the event of a lease with option to purchase.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":249811,"text":"A real estate licensee representing an owner of residential real property as the listing broker shall have a duty to inform each such owner represented by that licensee of the owner’s rights and obligations under subsection B. A real estate licensee representing a purchaser of residential real property or, if the purchaser is not represented by a licensee, the real estate licensee representing an owner of residential real estate and dealing with the purchaser shall have a duty to inform each such purchaser of the purchaser’s rights and obligations under subsection B. Provided a real estate licensee performs those duties, the licensee shall have no further duties to the parties to a residential real estate transaction under this section, and shall not be liable to any party to a residential real estate transaction for a violation of subsection B or for any failure to disclose any information regarding any real property subject to subsection B.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"13":{"id":249812,"text":"For the purposes of this section:\n\t\t\t“Acceptance” means the full execution of a real estate purchase contract by all parties.\n\t\t\t“Real estate purchase contract” means a contract for the sale, exchange, or lease with option to buy of real estate subject to this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"14":{"id":249813,"text":"The Real Estate Board shall enforce subsections D, E, and F pursuant to the provisions of Chapter 21 of Title 54.1 (§ 54.1-2100 et seq.).","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13156,"edition_id":1,"name":"Sewage Disposal","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:44:22","date_modified":"2026-06-26 03:44:22","permalink":{"id":203565,"object_type":"structure","relational_id":13156,"identifier":"1","token":"32.1\/6\/1","url":"\/32.1\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12941,"edition_id":1,"name":"Environmental Health Services","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":203563,"object_type":"structure","relational_id":12941,"identifier":"6","token":"32.1\/6","url":"\/32.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64577,"structure_id":13156,"section_number":"32.1-163","catch_line":"Definitions","url":"\/32.1-163\/","token":"32.1\/6\/1\/32.1-163","metadata":false},{"id":54177,"structure_id":13156,"section_number":"32.1-163.1","catch_line":"Personal liability of sanitarians defined","url":"\/32.1-163.1\/","token":"32.1\/6\/1\/32.1-163.1","metadata":false},{"id":71587,"structure_id":13156,"section_number":"32.1-163.2","catch_line":"Long range plan for onsite sewage","url":"\/32.1-163.2\/","token":"32.1\/6\/1\/32.1-163.2","metadata":false},{"id":58627,"structure_id":13156,"section_number":"32.1-163.3","catch_line":"Identities of persons making certain reports to remain confidential","url":"\/32.1-163.3\/","token":"32.1\/6\/1\/32.1-163.3","metadata":false},{"id":75697,"structure_id":13156,"section_number":"32.1-163.4","catch_line":"Procedures for application backlogs; individuals approved to conduct evaluations for septic system or other onsite sewage system permit applications","url":"\/32.1-163.4\/","token":"32.1\/6\/1\/32.1-163.4","metadata":false},{"id":65435,"structure_id":13156,"section_number":"32.1-163.5","catch_line":"Onsite sewage evaluations","url":"\/32.1-163.5\/","token":"32.1\/6\/1\/32.1-163.5","metadata":false},{"id":83571,"structure_id":13156,"section_number":"32.1-163.6","catch_line":"Professional engineering of onsite treatment works","url":"\/32.1-163.6\/","token":"32.1\/6\/1\/32.1-163.6","metadata":false},{"id":66759,"structure_id":13156,"section_number":"32.1-164","catch_line":"Powers and duties of Board; regulations; fees; onsite soil evaluators; letters in lieu of permits; inspections; civil penalties","url":"\/32.1-164\/","token":"32.1\/6\/1\/32.1-164","metadata":false},{"id":74693,"structure_id":13156,"section_number":"32.1-164.1","catch_line":"Appeals from denials of septic tank permits; inspections","url":"\/32.1-164.1\/","token":"32.1\/6\/1\/32.1-164.1","metadata":false},{"id":58954,"structure_id":13156,"section_number":"32.1-164.10","catch_line":"Alternative onsite sewage system general approval process","url":"\/32.1-164.10\/","token":"32.1\/6\/1\/32.1-164.10","metadata":false},{"id":81724,"structure_id":13156,"section_number":"32.1-164.1:01","catch_line":"Onsite Sewage Indemnification Fund","url":"\/32.1-164.1_01\/","token":"32.1\/6\/1\/32.1-164.1_01","metadata":false},{"id":69017,"structure_id":13156,"section_number":"32.1-164.1:1","catch_line":"Validity of certain septic tank permits","url":"\/32.1-164.1_1\/","token":"32.1\/6\/1\/32.1-164.1_1","metadata":false},{"id":82687,"structure_id":13156,"section_number":"32.1-164.1:2","catch_line":"Eligibility for betterment loans to repair or replace failing onsite sewage systems","url":"\/32.1-164.1_2\/","token":"32.1\/6\/1\/32.1-164.1_2","metadata":false},{"id":63246,"structure_id":13156,"section_number":"32.1-164.1:3","catch_line":"Permits for voluntary system upgrades","url":"\/32.1-164.1_3\/","token":"32.1\/6\/1\/32.1-164.1_3","metadata":false},{"id":75897,"structure_id":13156,"section_number":"32.1-164.2","catch_line":"Repealed","url":"\/32.1-164.2\/","token":"32.1\/6\/1\/32.1-164.2","metadata":false},{"id":77141,"structure_id":13156,"section_number":"32.1-164.8","catch_line":"Onsite Operation and Maintenance Fund established","url":"\/32.1-164.8\/","token":"32.1\/6\/1\/32.1-164.8","metadata":false},{"id":54654,"structure_id":13156,"section_number":"32.1-164.9","catch_line":"Regulations for chamber and bundled expanded polystyrene effluent distribution systems for onsite sewage systems","url":"\/32.1-164.9\/","token":"32.1\/6\/1\/32.1-164.9","metadata":false},{"id":86519,"structure_id":13156,"section_number":"32.1-165","catch_line":"Prior approval required before issuance of building permit; approved sewage system or nonconforming system","url":"\/32.1-165\/","token":"32.1\/6\/1\/32.1-165","metadata":false},{"id":64941,"structure_id":13156,"section_number":"32.1-166","catch_line":"Agreements with federal agencies","url":"\/32.1-166\/","token":"32.1\/6\/1\/32.1-166","metadata":false}],"previous_section":{"id":81724,"structure_id":13156,"section_number":"32.1-164.1:01","catch_line":"Onsite Sewage Indemnification Fund","url":"\/32.1-164.1_01\/","token":"32.1\/6\/1\/32.1-164.1_01","metadata":false},"next_section":{"id":82687,"structure_id":13156,"section_number":"32.1-164.1:2","catch_line":"Eligibility for betterment loans to repair or replace failing onsite sewage systems","url":"\/32.1-164.1_2\/","token":"32.1\/6\/1\/32.1-164.1_2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-164.1:1\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 401 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 331; in 1994, chapter 747<\/a>; in 2004, chapter 916<\/a>; in 2005, chapter 469<\/a>; in 2011, chapter 394<\/a>; in 2015, chapter 111<\/a>.<\/p>","references":[{"id":74693,"section_number":"32.1-164.1","catch_line":"Appeals from denials of septic tank permits; inspections","order_by":null,"url":"\/32.1-164.1\/"},{"id":63246,"section_number":"32.1-164.1:3","catch_line":"Permits for voluntary system upgrades","order_by":null,"url":"\/32.1-164.1_3\/"}],"refers_to":[{"id":63246,"section_number":"32.1-164.1:3","catch_line":"Permits for voluntary system upgrades","order_by":null,"url":"\/32.1-164.1_3\/"},{"id":74059,"section_number":"54.1-2100","catch_line":"Definitions","order_by":null,"url":"\/54.1-2100\/"}],"permalink":{"id":203611,"object_type":"law","relational_id":69017,"identifier":"32.1-164.1:1","token":"32.1\/6\/1\/32.1-164.1_1","url":"\/32.1-164.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-164.1_1\/","token":"32.1\/6\/1\/32.1-164.1_1","dublin_core":{"Title":"Validity of certain septic tank permits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-164.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any septic tank permit issued shall be valid for a period of 18 months from the date of issuance unless there has been a substantial, intervening change in the soil or site conditions where the septic system is to be located. However, if a building permit has been obtained or building construction has commenced, the permit may be extended for an additional 18 months. Applicants shall be informed of the septic tank permit validity period and advised to apply only when ready to begin construction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Further, whenever any onsite sewage<\/span> system is failing, or an owner<\/span> has elected to voluntarily upgrade an onsite sewage<\/span> system pursuant to § 32.1-164.1:3<\/a>, and it is on or serves real property consisting of not less than one nor more than four dwelling units and the Board<\/span>’s regulations<\/span> impose (i) a requirement for treatment beyond the level of treatment provided by the existing onsite sewage<\/span> system when operating properly or (ii) a new requirement for pressure dosing, the owner<\/span> may request a waiver<\/span> from such requirements. The Commissioner<\/span> shall grant any request for such waiver<\/span>, unless he finds that the system was installed illegally without a permit. Any such waivers<\/span> shall be recorded in the land records of the clerk of the circuit<\/span> court<\/span> in the jurisdiction<\/span> in which the property on which the relevant onsite sewage<\/span> system is located. Except as provided in subsection C, waivers<\/span> granted hereunder shall not be transferable and shall be null and void upon transfer or sale of the property on which the onsite sewage<\/span> system is located. Additional treatment or pressure dosing requirements shall be imposed in such instances when the property is transferred or sold.\n\t\t\tAny owner<\/span> who (a) obtained a waiver<\/span> to repair a failing onsite sewage<\/span> system pursuant to this subsection on or between July 1, 2004, and December 6, 2011, (b) completed such repair, and (c) voluntarily upgrades the system may request, and shall receive, a voluntary upgrade waiver<\/span> in accordance with this section and § 32.1-164.1:3<\/a>. Any such waiver<\/span> shall be recorded in the land records of the clerk of the circuit<\/span> court<\/span> in the jurisdiction<\/span> where the onsite sewage<\/span> system is located and shall supersede any prior waiver<\/span> recorded pursuant to this section.\n\t\t\tThe owner<\/span> of the relevant property shall disclose, in accordance with subsection D, that any operating permit for the onsite sewage<\/span> system that has been granted a waiver<\/span> authorized by this subsection shall be null and void at the time of transfer or sale of the property and that the Board<\/span>’s regulatory requirements for additional treatment or pressure dosing shall be required before an operating permit may be reinstated.\n\t\t\tThe provisions of this subsection shall apply only with respect to transfers by sale, exchange, installment land sales contract<\/span>, or lease with option to buy residential real property consisting of not less than one nor more than four dwelling units, whether or not the transaction is with the assistance of a licensed real estate broker or salesperson. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The following are specifically allowed under the provisions of subsection B: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Transfers pursuant to court order<\/span> including, but not limited to, transfers ordered by a court in administration of an estate, transfers pursuant to a writ<\/span> of execution, transfers by foreclosure sale, transfers by a trustee in bankruptcy<\/span>, transfers by eminent domain, and transfers resulting from a decree<\/span> for specific performance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default<\/span>, transfers by a trustee under a deed of trust pursuant to a foreclosure, or transfers by a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a foreclosure sale under a deed of trust or has acquired the real property by deed in lieu of foreclosure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Transfers not for value by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Transfers between spouses resulting from a decree<\/span> of divorce or a property settlement<\/span> stipulation<\/span> pursuant to the provisions of Title 20. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Transfers to or from any governmental entity or public or quasi-public housing authority or agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Transfers pursuant to real estate purchase contracts<\/span> where the owner<\/span> has obtained a permit to voluntarily upgrade an onsite sewage<\/span> system pursuant to § 32.1-164.1:3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Other transfers consistent with criteria established by the Board<\/span> of Health and the Real Estate Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The owner<\/span> of residential real property subject to subsection B shall deliver to the purchaser a written disclosure prior to the acceptance<\/span> of a real estate purchase contract<\/span>. The written disclosure statement<\/span> shall be in a separate document, developed by the Real Estate Board<\/span> on or before January 1, 2006. Prior to that time, it shall be the obligation of the owner<\/span> of such residential real property to prepare the written disclosure statement<\/span> and provide it to the purchaser as otherwise provided herein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the disclosure required by subsection B is delivered to the purchaser after the acceptance<\/span> of the real estate purchase contract<\/span>, the purchaser’s sole remedy shall be to terminate the real estate purchase contract<\/span> at or prior to the earliest of the following: (i) three days after delivery of the disclosure in person<\/span>; (ii) five days after the postmark if the disclosure is deposited in the United States mail, postage prepaid, and properly addressed to the purchaser; (iii) settlement<\/span> upon purchase of the property; (iv) occupancy of the property by the purchaser; (v) the execution by the purchaser of a written waiver<\/span> of the purchaser’s right of termination under this chapter contained in a writing separate from the real estate purchase contract<\/span>; or (vi) the purchaser making written application to a lender for a mortgage loan where such application contains a disclosure that the right of termination shall end upon the application for the mortgage loan.\n\t\t\tIn order to terminate a real estate purchase contract<\/span> when permitted by this subsection, the purchaser shall, within the time required by this chapter, give written notice to the owner<\/span> either by hand delivery or by United States mail, postage prepaid, and properly addressed to the owner<\/span>. If the purchaser terminates a real estate purchase contract<\/span> in compliance with this chapter, the termination shall be without penalty<\/span> to the purchaser, and any deposit shall be promptly returned to the purchaser. Any rights of the purchaser to terminate the contract provided by this chapter shall end if not exercised prior to the earlier of (i) the making of a written application to a lender for a mortgage loan where the application contains a disclosure that the right of termination shall end upon the application for the mortgage loan or (ii) settlement<\/span> or occupancy by the purchaser, in the event of a sale, or occupancy, or in the event of a lease with option to purchase. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A real estate licensee representing an owner<\/span> of residential real property as the listing broker shall have a duty to inform each such owner<\/span> represented by that licensee of the owner<\/span>’s rights and obligations under subsection B. A real estate licensee representing a purchaser of residential real property or, if the purchaser is not represented by a licensee, the real estate licensee representing an owner<\/span> of residential real estate and dealing with the purchaser shall have a duty to inform each such purchaser of the purchaser’s rights and obligations under subsection B. Provided a real estate licensee performs those duties, the licensee shall have no further duties to the parties to a residential real estate transaction under this section, and shall not be liable to any party<\/span> to a residential real estate transaction for a violation of subsection B or for any failure to disclose any information regarding any real property subject to subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> For the purposes of this section:\n\t\t\t“Acceptance<\/span>” means the full execution of a real estate purchase contract<\/span> by all parties.\n\t\t\t“Real estate purchase contract<\/span>” means a contract for the sale, exchange, or lease with option to buy of real estate subject to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Real Estate Board<\/span> shall enforce subsections D, E, and F pursuant to the provisions of Chapter 21 of Title 54.1 (§ 54.1-2100<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVALIDITY OF CERTAIN SEPTIC TANK PERMITS (\u00a7 32.1-164.1:1)\n\nA. Any septic tank permit issued shall be valid for a period of 18 months from\nthe date of issuance unless there has been a substantial, intervening change in\nthe soil or site conditions where the septic system is to be located. However,\nif a building permit has been obtained or building construction has commenced,\nthe permit may be extended for an additional 18 months. Applicants shall be\ninformed of the septic tank permit validity period and advised to apply only\nwhen ready to begin construction.\n\nB. Further, whenever any onsite sewage system is failing, or an owner has\nelected to voluntarily upgrade an onsite sewage system pursuant to §\n32.1-164.1:3, and it is on or serves real property consisting of not less than\none nor more than four dwelling units and the Board’s regulations impose\n(i) a requirement for treatment beyond the level of treatment provided by the\nexisting onsite sewage system when operating properly or (ii) a new requirement\nfor pressure dosing, the owner may request a waiver from such requirements. The\nCommissioner shall grant any request for such waiver, unless he finds that the\nsystem was installed illegally without a permit. Any such waivers shall be\nrecorded in the land records of the clerk of the circuit court in the\njurisdiction in which the property on which the relevant onsite sewage system is\nlocated. Except as provided in subsection C, waivers granted hereunder shall not\nbe transferable and shall be null and void upon transfer or sale of the property\non which the onsite sewage system is located. Additional treatment or pressure\ndosing requirements shall be imposed in such instances when the property is\ntransferred or sold.\n\t\t\tAny owner who (a) obtained a waiver to repair a failing onsite sewage system\npursuant to this subsection on or between July 1, 2004, and December 6, 2011,\n(b) completed such repair, and (c) voluntarily upgrades the system may request,\nand shall receive, a voluntary upgrade waiver in accordance with this section\nand § 32.1-164.1:3. Any such waiver shall be recorded in the land records\nof the clerk of the circuit court in the jurisdiction where the onsite sewage\nsystem is located and shall supersede any prior waiver recorded pursuant to this\nsection.\n\t\t\tThe owner of the relevant property shall disclose, in accordance with\nsubsection D, that any operating permit for the onsite sewage system that has\nbeen granted a waiver authorized by this subsection shall be null and void at\nthe time of transfer or sale of the property and that the Board’s\nregulatory requirements for additional treatment or pressure dosing shall be\nrequired before an operating permit may be reinstated.\n\t\t\tThe provisions of this subsection shall apply only with respect to transfers\nby sale, exchange, installment land sales contract, or lease with option to buy\nresidential real property consisting of not less than one nor more than four\ndwelling units, whether or not the transaction is with the assistance of a\nlicensed real estate broker or salesperson.\n\nC. The following are specifically allowed under the provisions of subsection B:\n\n 1. Transfers pursuant to court order including, but not limited to, transfers\n ordered by a court in administration of an estate, transfers pursuant to a\n writ of execution, transfers by foreclosure sale, transfers by a trustee in\n bankruptcy, transfers by eminent domain, and transfers resulting from a decree\n for specific performance.\n\n 2. Transfers to a beneficiary of a deed of trust by a trustor or successor in\n interest who is in default, transfers by a trustee under a deed of trust\n pursuant to a foreclosure, or transfers by a beneficiary under a deed of trust\n who has acquired the real property at a sale conducted pursuant to a\n foreclosure sale under a deed of trust or has acquired the real property by\n deed in lieu of foreclosure.\n\n 3. Transfers not for value by a fiduciary in the course of the administration\n of a decedent’s estate, guardianship, conservatorship, or trust.\n\n 4. Transfers between spouses resulting from a decree of divorce or a property\n settlement stipulation pursuant to the provisions of Title 20.\n\n 5. Transfers to or from any governmental entity or public or quasi-public\n housing authority or agency.\n\n 6. Transfers pursuant to real estate purchase contracts where the owner has\n obtained a permit to voluntarily upgrade an onsite sewage system pursuant to\n § 32.1-164.1:3.\n\n 7. Other transfers consistent with criteria established by the Board of Health\n and the Real Estate Board.\n\nD. The owner of residential real property subject to subsection B shall deliver\nto the purchaser a written disclosure prior to the acceptance of a real estate\npurchase contract. The written disclosure statement shall be in a separate\ndocument, developed by the Real Estate Board on or before January 1, 2006. Prior\nto that time, it shall be the obligation of the owner of such residential real\nproperty to prepare the written disclosure statement and provide it to the\npurchaser as otherwise provided herein.\n\nE. If the disclosure required by subsection B is delivered to the purchaser\nafter the acceptance of the real estate purchase contract, the purchaser’s\nsole remedy shall be to terminate the real estate purchase contract at or prior\nto the earliest of the following: (i) three days after delivery of the\ndisclosure in person; (ii) five days after the postmark if the disclosure is\ndeposited in the United States mail, postage prepaid, and properly addressed to\nthe purchaser; (iii) settlement upon purchase of the property; (iv) occupancy of\nthe property by the purchaser; (v) the execution by the purchaser of a written\nwaiver of the purchaser’s right of termination under this chapter\ncontained in a writing separate from the real estate purchase contract; or (vi)\nthe purchaser making written application to a lender for a mortgage loan where\nsuch application contains a disclosure that the right of termination shall end\nupon the application for the mortgage loan.\n\t\t\tIn order to terminate a real estate purchase contract when permitted by this\nsubsection, the purchaser shall, within the time required by this chapter, give\nwritten notice to the owner either by hand delivery or by United States mail,\npostage prepaid, and properly addressed to the owner. If the purchaser\nterminates a real estate purchase contract in compliance with this chapter, the\ntermination shall be without penalty to the purchaser, and any deposit shall be\npromptly returned to the purchaser. Any rights of the purchaser to terminate the\ncontract provided by this chapter shall end if not exercised prior to the\nearlier of (i) the making of a written application to a lender for a mortgage\nloan where the application contains a disclosure that the right of termination\nshall end upon the application for the mortgage loan or (ii) settlement or\noccupancy by the purchaser, in the event of a sale, or occupancy, or in the\nevent of a lease with option to purchase.\n\nF. A real estate licensee representing an owner of residential real property as\nthe listing broker shall have a duty to inform each such owner represented by\nthat licensee of the owner’s rights and obligations under subsection B. A\nreal estate licensee representing a purchaser of residential real property or,\nif the purchaser is not represented by a licensee, the real estate licensee\nrepresenting an owner of residential real estate and dealing with the purchaser\nshall have a duty to inform each such purchaser of the purchaser’s rights\nand obligations under subsection B. Provided a real estate licensee performs\nthose duties, the licensee shall have no further duties to the parties to a\nresidential real estate transaction under this section, and shall not be liable\nto any party to a residential real estate transaction for a violation of\nsubsection B or for any failure to disclose any information regarding any real\nproperty subject to subsection B.\n\nG. For the purposes of this section:\n\t\t\t“Acceptance” means the full execution of a real estate purchase\ncontract by all parties.\n\t\t\t“Real estate purchase contract” means a contract for the sale,\nexchange, or lease with option to buy of real estate subject to this section.\n\nH. The Real Estate Board shall enforce subsections D, E, and F pursuant to the\nprovisions of Chapter 21 of Title 54.1 (§ 54.1-2100 et seq.).\n\nHISTORY: 1984, c. 401; 1986, c. 331; 1994, c. 747; 2004, c. 916; 2005, c. 469;\n2011, c. 394; 2015, c. 111.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}