--- title: "Massachusetts Septic System Regulations, Title 5 (Title V), DEP, Perc" description: "Title 5 regulates homes that are not connected to a local sewer system, including those that use septic systems or cesspools. Learn more. " type: article version: 2 version_id: "9325d79b-add3-4287-8a6b-99313116b3d7" generated_at: "2026-03-25T19:21:54.792Z" author: "Buyers Brokers Only, LLC" language: en reading_time: "6 min" word_count: 1014 keywords: ["Massachusetts Septic System Regulations", "Title 5 (Title V)"] url: "https://www.buyersbrokersonly.com/article-septic" --- # Massachusetts Septic System Regulations, Title 5 (Title V), DEP, Perc > Title 5 regulates homes that are not connected to a local sewer system, including those that use septic systems or cesspools. Learn more. ## Key Takeaways - Have a Question? We're Happy to Help You. - Homebuyer Workshop - Home Buyer Testimonials - The Latest Home Listings - Home Buyer Resources - Homes Home Listings Get Property Updates - Home Listings - Get Property Updates - Agents - Resources Home-buying Blog Buyer Beware! 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Local boards of health are the primary regulatory authorities; however, the DEP is involved in certain approvals. A septic system has a tank, a distribution box, and soil absorption system commonly known as a "leach field" or "leaching field." A cesspool has a pipe carrying waste from the home to a pit that distributes liquid waste. Improperly functioning septic systems and cesspools are a major cause of the pollution of our coastal waters, rivers, and water supplies. Since 1995, the state environmental code governing septic systems, commonly referred to as Title 5 regulations, has required inspections of septic systems and cesspools prior to a home being sold or enlarged. This inspection also includes a soil evaluation test, which a DEP-approved soil evaluator must perform. In most instances, systems that fail inspection must be repaired within 2 years. Related: Real Boston: Greater Boston's Free Everything Residential Real Estate Newsletter Wherever feasible, a failed system must be upgraded to full compliance with Title 5. If this is not possible, in many instances the local Board of Health is authorized to approve a "Local Upgrade Approval" that brings the system as close to full compliance as possible in accordance with certain minimum criteria. In such cases, homeowners must apply to a local board of health for a variance from Title 5 regulations. Cesspools that exhibit signs of hydraulic failure, are located extremely close to private or public water supplies, or otherwise fail to protect or pose a threat to public health, safety or the environment will need to be upgraded. Also, cesspools must be upgraded prior to an increase in design flow (i.e., the addition of a bedroom). When a Massachusetts homebuyer purchases land to build a new construction home that will need a septic system, a percolation test, commonly referred to as a "perc" test, must be completed to determine the design of the septic system. A perc test is a test to determine the absorption rate of soil for a septic drain field or leach field. A percolation test consists of digging one or more holes in the soil of the proposed leach field to a specified depth, pre-soaking the holes by maintaining a high water level in the holes, then running the test by filling the holes to a specific level and timing the drop of the water level as the water percolates into the surrounding soil. ### Have a Question? We're Happy to Help You. - Yes Search Latest Home Listings Free Homebuyer Consultation Wants v. 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