Several types of property transfers do not require an inspection:
1. Transfers between family members: In July 2004, Massachusetts General Laws Chapter 21A Section 13 was changed as follows: "The department shall not require an inspection of a system for the treatment and the disposal of sanitary sewage below the ground surface if the transfer is of residential real property, and is between the following relationships:
(1) between current spouses;
(2) between parents and their children;
(3) between full siblings; and
(4) where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor".
2. Refinancing a mortgage or similar financial instrument, whether or not the lending agency remains the same;
3. Taking of a security interest in a property, e.g., issuance of a mortgage;
4. Appointment of, or a change in, a guardian, conservator, or trustee;
5. Change in the form of ownership among the same owners, such as placing the property within a family trust of which the owners are the sole, present beneficiaries, or changing the proportionate interests among a group of owners or beneficiaries;
6. Any other change in ownership or the form of ownership where NO NEW parties are introduced (e.g., from spouses jointly or as tenants by the entirety to one spouse either for estate planning purposes or as part of a divorce settlement or court order; from joint ownership to nominee or business trust or into limited or general partnership);
7. Owner of the property or person acquiring title has signed an enforceable agreement with the Board of Health to upgrade the system or to connect the facility to a sanitary sewer or a shared system within two years following the transfer of title, provided that such agreement has been disclosed and is binding on subsequent owners
See Title 5, 310 CMR 15.301(2)
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