                                 CODE OF VIRGINIA

VALIDITY OF CERTAIN SEPTIC TANK PERMITS (§ 32.1-164.1:1)

A. 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.

B. Further, whenever any onsite sewage system is failing, or an owner has
elected to voluntarily upgrade an onsite sewage system pursuant to &#xA7;
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&#8217;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.
			Any 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 &#xA7; 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.
			The 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&#8217;s
regulatory requirements for additional treatment or pressure dosing shall be
required before an operating permit may be reinstated.
			The 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. The following are specifically allowed under the provisions of subsection B:

   1. 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.

   2. 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.

   3. Transfers not for value by a fiduciary in the course of the administration
   of a decedent&#8217;s estate, guardianship, conservatorship, or trust.

   4. Transfers between spouses resulting from a decree of divorce or a property
   settlement stipulation pursuant to the provisions of Title 20.

   5. Transfers to or from any governmental entity or public or quasi-public
   housing authority or agency.

   6. Transfers pursuant to real estate purchase contracts where the owner has
   obtained a permit to voluntarily upgrade an onsite sewage system pursuant to
   &#xA7; 32.1-164.1:3.

   7. Other transfers consistent with criteria established by the Board of Health
   and the Real Estate Board.

D. 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.

E. If the disclosure required by subsection B is delivered to the purchaser
after the acceptance of the real estate purchase contract, the purchaser&#8217;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&#8217;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.
			In 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. 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&#8217;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&#8217;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. For the purposes of this section:
			&#8220;Acceptance&#8221; means the full execution of a real estate purchase
contract by all parties.
			&#8220;Real estate purchase contract&#8221; means a contract for the sale,
exchange, or lease with option to buy of real estate subject to this section.

H. The Real Estate Board shall enforce subsections D, E, and F pursuant to the
provisions of Chapter 21 of Title 54.1 (&#xA7; 54.1-2100 et seq.).

HISTORY: 1984, c. 401; 1986, c. 331; 1994, c. 747; 2004, c. 916; 2005, c. 469;
2011, c. 394; 2015, c. 111.