Do I Need a Septic Inspection Before Buying in New Brunswick?

If the home or cottage you want has a private septic system, you are buying something that is buried, out of sight and expensive to fix. Many buyers want to know whether an inspection is required and what it should tell them.

This article explains the practical side in plain terms. The rules that apply to a particular system can depend on the property and the contract, so confirm the details with a lawyer before you commit.

This article covers the law of New Brunswick.

Is an inspection required?

Whether an inspection is needed in your purchase usually comes down to your agreement of purchase and sale, your lender and your own comfort with the risk. It is not something to assume is handled automatically.

The simplest protection is to make the offer conditional on a satisfactory inspection. A lawyer can help you word that condition, including how long you have and what happens if the result is poor.

What an inspection usually looks at

Inspectors differ, so ask what a given inspection covers before you hire anyone. In general, buyers want to learn the following.

• The type, size and location of the tank and the disposal area
• The condition of the tank, pipes and any pumps
• Signs of failure, such as backups, soggy ground or odours
• Records of past pumping, repairs and any approvals for the system
• Whether the system suits the size of the home and the number of bedrooms

Ask the seller for any paperwork they have. Gaps in the records are worth raising with your lawyer.

If the system is old, failing or unapproved

An older system is not necessarily a bad one, but a failing or unapproved system can mean repair or replacement costs. What you can do depends on your contract and on what the inspection finds.

• Ask the seller to repair or replace the system before closing.
• Negotiate a lower price to reflect the cost.
• Ask for more time to get quotes or further advice.
• Walk away if your condition allows it.

Whether an approval is needed to bring a system into compliance, and who can give it, is a question to raise with your lawyer and the appropriate provincial or local office.

Conditions, deposits and your water supply

If a condition is not met and the deal ends, the deposit becomes the question. A real estate agent who receives a deposit must hold it as trustee for all parties according to their rights under the offer or contract, not as agent for one party. No money may be drawn from the trust account except in accordance with the terms on which it was received.

If the parties dispute the deposit, the agent may, and if necessary to resolve the dispute shall, pay it into court on an interpleader. Who is entitled to the money depends mainly on the contract, so clear conditions matter.

Many properties with septic systems also have a private well. Provincial guidance recommends testing for bacteria (total coliforms and E. coli) twice a year, and testing for inorganic compounds such as arsenic, uranium, fluoride and nitrate when a well is first drilled, before drinking the water, and every two years.

What to do next

• Ask your lawyer to review the offer before you sign, including any septic condition.
• Hire a qualified inspector and ask in advance what the inspection covers.
• Request the seller's records on the system.
• Arrange water testing if the property has a well.
• Get quotes for any repairs before your condition period ends.

Frequently asked questions