Septic Systems, Wells, and Real Estate
- marysol64
- May 8
- 4 min read
What Berkeley County REALTORS® Needed to Know
Understanding septic systems and well regulations had become increasingly important for REALTORS® working in Berkeley County and surrounding areas.
During a recent EPBR Lunch and Learn, representatives from the Berkeley County Health Department provided a detailed overview of how septic systems worked, what regulations applied, and how REALTORS® could better protect their clients during transactions.
Here were the key takeaways from that session.
How Septic Systems Worked
At a basic level, a septic system was designed to manage and treat household wastewater.
The process included:
Wastewater collecting in a septic tank
Solids settling at the bottom while lighter materials floated to the top
Bacteria breaking down waste inside the tank
Treated liquid flowing into a drain field
Soil naturally filtering the water before it returned to the groundwater system
While the system itself was straightforward, the regulations and requirements surrounding it were not.
Why Septic Regulations Mattered in Real Estate
The Health Department emphasized that their role was to protect groundwater and public health, which directly impacted property use and development.
Several key points stood out:
There were no grandfather clauses for septic systems
Systems that were not up to current code could be required to be updated in certain situations
Septic sizing was based on number of bedrooms, not occupancy
Records were not consistently available for systems installed before 1970
For REALTORS®, this meant that assumptions about older systems could lead to problems during a transaction.
Timeline Expectations for Septic Work
The Health Department operated under a defined timeline:
Up to 21 business days from submission to complete septic-related work
Site visits were often completed within one week, depending on workload
Weather conditions could delay inspections and approvals
During periods of high demand, delays were common due to limited staff and increased workload.
Septic Evaluations vs. Full Inspections
One of the most important distinctions discussed was the difference between a basic evaluation and a full inspection.
Health Department Evaluations:
Focused on above-ground observations
Identified visible signs of failure (odor, pooling water, soft ground)
Septic Installer Inspections:
Could include:
Camera scoping
Line inspection
Identification of underground issues
The recommendation was clear:For a more complete understanding of a system, buyers should work with a certified septic installer.
Common Issues REALTORS® Encountered
Several recurring challenges were highlighted during the discussion:
1. Unknown or Missing Records
Older properties often had little to no documentation, requiring:
New evaluations
Reconstruction of system details
2. Undersized Systems
Some properties had systems that:
Met older standards
Did not meet current requirements
These systems were not always required to be updated unless:
A failure occurred
A modification or addition was planned
3. Inspection Contingency Confusion
Many REALTORS® struggled with septic contingency options in contracts.
For example:
Digging up distribution boxes could cause damage and delays
Over-selecting inspection options created unnecessary complications
In one case, digging up a distribution box caused it to fail, which required a permit and delayed closing.
The takeaway was that more invasive inspection methods were not always better.
Understanding Perk Tests and Lot Approvals
For undeveloped land, septic approval depended on a percolation (perk) test, which measured how quickly water drained through soil.
Important notes included:
Perk tests did not expire
Approved septic locations remained valid unless moved significantly
A 10,000 square foot reserve area was required for septic placement
If a buyer wanted to relocate the septic area too far from the original test site, the process might need to restart.
Septic System Classifications
Septic systems generally fell into two categories:
Class I Systems (Conventional)
Used in optimal soil conditions
Included:
Gravel systems
Chamber systems
Gravelless pipe systems
Class II Systems
Used when soil conditions were less favorable
Required:
At least 2 acres of land
Often included:
Sand mound systems
Low-pressure dosing systems
Pump systems with alarms
Class II systems were typically more complex and more expensive to install.
Well Requirements and Evaluations
The Health Department also regulated wells, including:
Permit requirements for new installations
Evaluations to ensure structural integrity
Water testing for bacteria (including E. coli)
A key inspection point was the wellhead condition, which needed to be properly sealed and protected to prevent contamination.
Why Some Lots Could Not Be Built On
One major issue discussed involved small lots, particularly in certain communities.
In some cases:
Lots were too small to meet septic and well setback requirements
A septic system and well could not both fit on the property
Multiple lots needed to be combined to meet requirements
This highlighted the importance of due diligence before listing or purchasing land.
Accessing Septic and Well Records
REALTORS® and clients could request property records through the Health Department:
$25 fee per request
Records included septic and well information
Delivered via email
However, because records were paper-based and sometimes incomplete, results were not always guaranteed.
Best Practices for REALTORS®
Based on the session, REALTORS® were encouraged to:
Verify septic and well records early in the transaction
Avoid assumptions about older systems
Use certified septic professionals for thorough inspections
Be cautious when selecting inspection contingency options
Educate buyers on potential costs and limitations
Final Thoughts
Septic systems and well regulations played a critical role in many real estate transactions, especially in rural and semi-rural areas.
By understanding how these systems worked and how they were regulated, REALTORS® were better equipped to:
Prevent delays
Protect their clients
Navigate complex transactions with confidence
Helpful Resources
Eastern Panhandle Board of REALTORS® → https://www.epbr.netUpcoming EPBR Events → https://www.epbr.net/event-listBecome an EPBR Member → https://www.epbr.net/membership-epbr
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