Property Transfer Ordinance Changes Effective July 1, 2024
Due to recent changes in the Indiana State Code, the requirements for septic inspections during the property transfer process have changed.
Property transfer inspections of the septic system are only required for properties located within the St Joseph Aquifer System, which is Indiana’s only sole-source aquifer system. Further, septic inspections are only required if the property has not transferred or had a new system installed within the last fifteen years.
EPA defines a sole source aquifer (SSA) as one where:
- The aquifer supplies at least 50 percent of the drinking water for its service area.
- There are no reasonably available alternative drinking water sources should the aquifer become contaminated.
To find out if a property falls within the aquifer, enter the property address into this link: https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=9ebb047ba3ec41ada1877155fe31356b or go to the interactive map located at www.epa.gov/dwssa under SSA Locations click “Interactive Map of SSAs."
The water testing requirement has not changed. All properties transferring within St Joseph County are required to test the water quality for: total coliform bacteria, E.coli bacteria, nitrates, and arsenic prior to closing.
A property transfer application, along with the water test results or proof of City utilities, must be submitted to the St. Joseph County Department of Health within five days of closing.
There is no fee for the property transfer.
Please direct any questions regarding the property transfer process to the Department of Health at envirohd@sjcindiana.gov or 574-235-9722.
- Summary of the Property Transfer Process
1. Compliance with the property transfer standards is the responsibility of the seller. Determining which party performs the inspections and tests and which party pays for them is a contractual matter between the seller and buyer. However, the Health Department holds the seller, the seller’s real estate agent, and the title company responsible for compliance.
2. Property transfer inspections of the septic system are only required for commercial and residential properties located within the St. Joseph Aquifer System. All properties within the St. Joseph Aquifer System must have an inspection if the property has not sold within the last 15 years. If a new septic system has been installed within the last 15 years then a septic inspection is not required.
3. If there is an onsite septic system on the property located within the St. Joseph Aquifer System, a septic inspection must be performed by a qualified person and reported using the Health Department form. The inspector must open and inspect the septic tank, run at least 35 gallons of water from the structure through the septic system, and prepare a sketch of the site so the buyer will know where their system is located.
4. A water quality test must be taken for all properties that transfer in St. Joseph County regardless if the property is within the St. Joseph Aquifer System. The water test must be reported to the Health Department.
5. If the structure is being sold that is within the St. Joseph Aquifer System is connected to municipal sewer the septic inspection is not required but a copy of the sewer bill must be submitted to the Health Department if the property has not transferred within 15 years.
6. If the structure being sold is connected to municipal water the water test is not required but a copy of the water bill must be submitted to the Health Department with the Property Transfer Application.
7. Plan for the septic inspection and water tests early in the property transfer process. The inspections and tests are good for 6 months if the sale does not go through.
8. The primary purpose of the property transfer standards is to disclose the conditions of the septic system and the quality of the drinking water to the buyer.
9. If there is an on-site potable water well, a water test must be performed for: total coliform bacteria, E. coli bacteria, nitrates, and arsenic. If the drinking water does not meet Federal Drinking Water Standards a treatment devise must be installed on the primary point of use. For residences this is the kitchen faucet.
10. The septic inspection results and water test information must be provided to the buyer at least three (3) days prior to closing. We recommend that it be provided at the same time that other inspection results are provided.
11. These requirements do not apply to transfer of new construction to its first owner/occupant or to a structure to be demolished within six months and will not be lived in after the transfer.
12. The penalties for violation of the ordinance range up to $1500 per violation per day and will be enforced.
13. This document is just a summary. Each party is responsible for learning all of the property transfer requirements that may affect them.
- Demolition of Structures
For properties that are purchased with structures to be demolished, please review Demolition Requirements found on our Forms and Permits page. In addition to any required demolition permits, onsite septic systems and water wells are required to be abandoned with a permit issued by the Department of Health prior to obtaining a demolition permit.
- Septic Inspector List