Property transfer regulation
Parcels or properties for sale that rely on a well for drinking water and/or a septic system for sewage disposal are required by Macomb County regulation to have these systems evaluated prior to closing. System evaluations can be performed either by Macomb County Health Department staff or a private sector evaluator (registered evaluators) who is registered with the Macomb County Health Department. Septic systems are evaluated for code compliance, performance and record availability. The well water supply system is inspected for code compliance, record availability as well as bacteriological water quality and partial chemical analysis. A report is provided to the applicant.
Preparing for an evaluation
If you are selling a property that is served by a septic system and/or a well water system, you are required to have the system(s) evaluated by an evaluator registered under this Regulation or by the Macomb County Health Department. To provide prompt and efficient processing of the requests, the following information should be made available to the evaluator:
- A copy of the mortgage survey, if available, and/or legal description.
- An accurate site plan showing the location of the well(s), septic system(s), neighboring septic systems and wells, and other items (i.e. fuel oil tanks, etc.) is helpful.
- The septic tank and four corners of the septic field should be staked (this is especially necessary if there are no records regarding the septic system).
- It is required that the septic tank be pumped with the evaluator on site. Check with your evaluator to determine who is responsible for the scheduling of this. Do not have the tank pumped within 30 days prior to having an evaluation done. This will cause a delay of the evaluation and possibly the transfer.
- The well should be visible for evaluation. This may require buried well heads to be exposed. If a well log is not available, any information regarding the well depth, age, diameter, or documents of any service work is useful.
- Additional questions usually arise. Plan to be on the site during the evaluation to answer any questions and avoid possible delays.
- Have the evaluation done as soon as possible to avoid delays. Evaluations are valid for one year from the date of evaluation. Items such as water samples require additional time for analysis and results.
Additional information may be obtained from the Macomb County Health Department by contacting us at 586-469-5236.
If you need information about your septic system or well you can call us at 586-469-5236, Monday–Friday, 8:30 a.m. - 5 p.m. or email us.
Frequently asked questions
The regulation went into effect on Aug. 1, 2002. Any purchase agreement or contract entered into on or after this date, involving a site that utilizes an on-site sewage disposal or on-site water supply system, must be evaluated.
The owner is responsible for making sure the evaluation is done.
An evaluator who is registered with the Macomb County Health Department or Macomb County Health Department staff can do the evaluation. Click here for a list of registered evaluators.
The evaluation report must be completed and submitted to the Macomb County Health Department at least five days prior to closing. However, the sooner the evaluation is done the less likely a delay will be incurred. Delays can include making minor repairs, getting a safe well water sample, or submitting a corrective action plan.
If a postponement to the regulation was submitted and approved by the department prior to sale, the evaluation shall then be completed after 30 days of the property being used as residence full time or occupying a business full time.
Evaluations are valid for one year from the date of the evaluation.
Yes. A site may be exempt if any of the following conditions exist. Written documentation must be provided to the Health Department.
- If the site will be connected to municipal water and/or sewer within six months of the transfer.
- During the first three years of original occupancy.
- If an evaluation has been done, in accordance with the regulations, within the previous 12 months and the report has been filed with the Health Department.
- If a site is only being refinanced.
- If the site is scheduled for immediate demolishing.
- If the value of the consideration of the sale is less than $100.
- Transfers from a husband or wife or husband and wife creating or disjoining a tenancy by the entireties in the grantor or the grantor and his or her spouse.
- Transfers due to judgments or court orders making or ordering the transfer, except where monetary consideration is specified or ordered by the court.
- Transfers that create a joint tenancy where at least one person already owns the property.
These records are available to the public under the Freedom of Information Act. You can email us for a copy of your evaluation and related information.
No. A corrective action plan may be filed and money can be put into escrow for the repairs. It is required that repairs be completed within 180 days after this Department approves the corrective action plan and authorizes the sale/transfer of the property.
If your house has been vacant for more than 10 days you may apply for a postponement from the evaluation. Once the house has been occupied as a residence for more than 30 days the evaluation will need to be conducted by a registered evaluator or the health department. Money may be put into escrow to cover potential repairs.
Contact the Environmental Health Services Division
Mount Clemens: 586-469-5236 | Email: environmental.health@macombgov.org