§ 32.1-164.1:1. Validity of certain septic tank permits.
A. Any septic tank permit issued shall be valid for a period of 18 monthsfrom the date of issuance unless there has been a substantial, interveningchange in the soil or site conditions where the septic system is to belocated. However, if a building permit has been obtained or buildingconstruction has commenced, the permit may be extended for an additional 18months. Applicants shall be informed of the septic tank permit validityperiod and advised to apply only when ready to begin construction.
B. Further, whenever any onsite sewage system is failing and is on or servesreal property consisting of not less than one nor more than four dwellingunits and the Board's regulations for repairing such failing system impose(i) a requirement for treatment beyond the level of treatment provided by theexisting onsite sewage system when operating properly or (ii) a newrequirement for pressure dosing, the owner may request a waiver from suchrequirements. The Commissioner shall grant any request for such waiver,unless he finds that the failing system was installed illegally without apermit. Any such waivers shall be recorded in the land records of the clerkof the circuit court in the jurisdiction in which the property on which therelevant onsite sewage system is located. Except as provided in subsection C,waivers granted hereunder shall not be transferable and shall be null andvoid upon transfer or sale of the property on which the onsite sewage systemis located. Additional treatment or pressure dosing requirements shall beimposed in such instances when the property is transferred or sold.
The owner of the relevant property shall disclose, in accordance withsubsection D, that any operating permit for the onsite sewage system that hasbeen granted a waiver authorized by this subsection shall be null and void atthe time of transfer or sale of the property and that the Board's regulatoryrequirements for additional treatment or pressure dosing shall be requiredbefore an operating permit may be reinstated.
The provisions of this subsection shall apply only with respect to transfersby sale, exchange, installment land sales contract, or lease with option tobuy residential real property consisting of not less than one nor more thanfour dwelling units, whether or not the transaction is with the assistance ofa licensed real estate broker or salesperson.
C. The following are specifically allowed under the provisions of subsectionB:
1. Transfers pursuant to court order including, but not limited to, transfersordered by a court in administration of an estate, transfers pursuant to awrit of execution, transfers by foreclosure sale, transfers by a trustee inbankruptcy, transfers by eminent domain, and transfers resulting from adecree for specific performance.
2. Transfers to a beneficiary of a deed of trust by a trustor or successor ininterest who is in default, transfers by a trustee under a deed of trustpursuant to a foreclosure, or transfers by a beneficiary under a deed oftrust who has acquired the real property at a sale conducted pursuant to aforeclosure sale under a deed of trust or has acquired the real property bydeed in lieu of foreclosure.
3. Transfers not for value by a fiduciary in the course of the administrationof a decedent's estate, guardianship, conservatorship, or trust.
4. Transfers between spouses resulting from a decree of divorce or a propertysettlement stipulation pursuant to the provisions of Title 20.
5. Transfers to or from any governmental entity or public or quasi-publichousing authority or agency.
6. Other transfers consistent with criteria established by the Board ofHealth and the Real Estate Board.
D. The owner of residential real property subject to subsection B shalldeliver to the purchaser a written disclosure prior to the acceptance of areal estate purchase contract. The written disclosure statement shall be in aseparate document, developed by the Real Estate Board on or before January 1,2006. Prior to that time, it shall be the obligation of the owner of suchresidential real property to prepare the written disclosure statement andprovide it to the purchaser as otherwise provided herein.
E. If the disclosure required by subsection B is delivered to the purchaserafter the acceptance of the real estate purchase contract, the purchaser'ssole remedy shall be to terminate the real estate purchase contract at orprior to the earliest of the following: (i) three days after delivery of thedisclosure in person; (ii) five days after the postmark if the disclosure isdeposited in the United States mail, postage prepaid, and properly addressedto the purchaser; (iii) settlement upon purchase of the property; (iv)occupancy of the property by the purchaser; (v) the execution by thepurchaser of a written waiver of the purchaser's right of termination underthis chapter contained in a writing separate from the real estate purchasecontract; or (vi) the purchaser making written application to a lender for amortgage loan where such application contains a disclosure that the right oftermination shall end upon the application for the mortgage loan.
In order to terminate a real estate purchase contract when permitted by thissubsection, the purchaser shall, within the time required by this chapter,give written notice to the owner either by hand delivery or by United Statesmail, postage prepaid, and properly addressed to the owner. If the purchaserterminates a real estate purchase contract in compliance with this chapter,the termination shall be without penalty to the purchaser, and any depositshall be promptly returned to the purchaser. Any rights of the purchaser toterminate the contract provided by this chapter shall end if not exercisedprior to the earlier of (i) the making of a written application to a lenderfor a mortgage loan where the application contains a disclosure that theright of termination shall end upon the application for the mortgage loan or(ii) settlement or occupancy by the purchaser, in the event of a sale, oroccupancy, or in the event of a lease with option to purchase.
F. A real estate licensee representing an owner of residential real propertyas the listing broker shall have a duty to inform each such owner representedby that licensee of the owner's rights and obligations under subsection B. Areal estate licensee representing a purchaser of residential real propertyor, if the purchaser is not represented by a licensee, the real estatelicensee representing an owner of residential real estate and dealing withthe purchaser shall have a duty to inform each such purchaser of thepurchaser's rights and obligations under subsection B. Provided a real estatelicensee performs those duties, the licensee shall have no further duties tothe parties to a residential real estate transaction under this section, andshall not be liable to any party to a residential real estate transaction fora violation of subsection B or for any failure to disclose any informationregarding any real property subject to subsection B.
G. For the purposes of this section:
"Acceptance" means the full execution of a real estate purchase contract byall parties; and
"Real estate purchase contract" means a contract for the sale, exchange, orlease with option to buy of real estate subject to this section.
H. The Real Estate Board shall enforce subsections D, E, and F pursuant tothe provisions of Chapter 21 of Title 54.1 (§ 54.1-2100 et seq.).
(1984, c. 401; 1986, c. 331; 1994, c. 747; 2004, c. 916; 2005, c. 469.)
§ 32.1-164.1:1. Validity of certain septic tank permits.
A. Any septic tank permit issued shall be valid for a period of 18 monthsfrom the date of issuance unless there has been a substantial, interveningchange in the soil or site conditions where the septic system is to belocated. However, if a building permit has been obtained or buildingconstruction has commenced, the permit may be extended for an additional 18months. Applicants shall be informed of the septic tank permit validityperiod and advised to apply only when ready to begin construction.
B. Further, whenever any onsite sewage system is failing and is on or servesreal property consisting of not less than one nor more than four dwellingunits and the Board's regulations for repairing such failing system impose(i) a requirement for treatment beyond the level of treatment provided by theexisting onsite sewage system when operating properly or (ii) a newrequirement for pressure dosing, the owner may request a waiver from suchrequirements. The Commissioner shall grant any request for such waiver,unless he finds that the failing system was installed illegally without apermit. Any such waivers shall be recorded in the land records of the clerkof the circuit court in the jurisdiction in which the property on which therelevant onsite sewage system is located. Except as provided in subsection C,waivers granted hereunder shall not be transferable and shall be null andvoid upon transfer or sale of the property on which the onsite sewage systemis located. Additional treatment or pressure dosing requirements shall beimposed in such instances when the property is transferred or sold.
The owner of the relevant property shall disclose, in accordance withsubsection D, that any operating permit for the onsite sewage system that hasbeen granted a waiver authorized by this subsection shall be null and void atthe time of transfer or sale of the property and that the Board's regulatoryrequirements for additional treatment or pressure dosing shall be requiredbefore an operating permit may be reinstated.
The provisions of this subsection shall apply only with respect to transfersby sale, exchange, installment land sales contract, or lease with option tobuy residential real property consisting of not less than one nor more thanfour dwelling units, whether or not the transaction is with the assistance ofa licensed real estate broker or salesperson.
C. The following are specifically allowed under the provisions of subsectionB:
1. Transfers pursuant to court order including, but not limited to, transfersordered by a court in administration of an estate, transfers pursuant to awrit of execution, transfers by foreclosure sale, transfers by a trustee inbankruptcy, transfers by eminent domain, and transfers resulting from adecree for specific performance.
2. Transfers to a beneficiary of a deed of trust by a trustor or successor ininterest who is in default, transfers by a trustee under a deed of trustpursuant to a foreclosure, or transfers by a beneficiary under a deed oftrust who has acquired the real property at a sale conducted pursuant to aforeclosure sale under a deed of trust or has acquired the real property bydeed in lieu of foreclosure.
3. Transfers not for value by a fiduciary in the course of the administrationof a decedent's estate, guardianship, conservatorship, or trust.
4. Transfers between spouses resulting from a decree of divorce or a propertysettlement stipulation pursuant to the provisions of Title 20.
5. Transfers to or from any governmental entity or public or quasi-publichousing authority or agency.
6. Other transfers consistent with criteria established by the Board ofHealth and the Real Estate Board.
D. The owner of residential real property subject to subsection B shalldeliver to the purchaser a written disclosure prior to the acceptance of areal estate purchase contract. The written disclosure statement shall be in aseparate document, developed by the Real Estate Board on or before January 1,2006. Prior to that time, it shall be the obligation of the owner of suchresidential real property to prepare the written disclosure statement andprovide it to the purchaser as otherwise provided herein.
E. If the disclosure required by subsection B is delivered to the purchaserafter the acceptance of the real estate purchase contract, the purchaser'ssole remedy shall be to terminate the real estate purchase contract at orprior to the earliest of the following: (i) three days after delivery of thedisclosure in person; (ii) five days after the postmark if the disclosure isdeposited in the United States mail, postage prepaid, and properly addressedto the purchaser; (iii) settlement upon purchase of the property; (iv)occupancy of the property by the purchaser; (v) the execution by thepurchaser of a written waiver of the purchaser's right of termination underthis chapter contained in a writing separate from the real estate purchasecontract; or (vi) the purchaser making written application to a lender for amortgage loan where such application contains a disclosure that the right oftermination shall end upon the application for the mortgage loan.
In order to terminate a real estate purchase contract when permitted by thissubsection, the purchaser shall, within the time required by this chapter,give written notice to the owner either by hand delivery or by United Statesmail, postage prepaid, and properly addressed to the owner. If the purchaserterminates a real estate purchase contract in compliance with this chapter,the termination shall be without penalty to the purchaser, and any depositshall be promptly returned to the purchaser. Any rights of the purchaser toterminate the contract provided by this chapter shall end if not exercisedprior to the earlier of (i) the making of a written application to a lenderfor a mortgage loan where the application contains a disclosure that theright of termination shall end upon the application for the mortgage loan or(ii) settlement or occupancy by the purchaser, in the event of a sale, oroccupancy, or in the event of a lease with option to purchase.
F. A real estate licensee representing an owner of residential real propertyas the listing broker shall have a duty to inform each such owner representedby that licensee of the owner's rights and obligations under subsection B. Areal estate licensee representing a purchaser of residential real propertyor, if the purchaser is not represented by a licensee, the real estatelicensee representing an owner of residential real estate and dealing withthe purchaser shall have a duty to inform each such purchaser of thepurchaser's rights and obligations under subsection B. Provided a real estatelicensee performs those duties, the licensee shall have no further duties tothe parties to a residential real estate transaction under this section, andshall not be liable to any party to a residential real estate transaction fora violation of subsection B or for any failure to disclose any informationregarding any real property subject to subsection B.
G. For the purposes of this section:
"Acceptance" means the full execution of a real estate purchase contract byall parties; and
"Real estate purchase contract" means a contract for the sale, exchange, orlease with option to buy of real estate subject to this section.
H. The Real Estate Board shall enforce subsections D, E, and F pursuant tothe provisions of Chapter 21 of Title 54.1 (§ 54.1-2100 et seq.).
(1984, c. 401; 1986, c. 331; 1994, c. 747; 2004, c. 916; 2005, c. 469.)
§ 32.1-164.1:1. Validity of certain septic tank permits.
A. Any septic tank permit issued shall be valid for a period of 18 monthsfrom the date of issuance unless there has been a substantial, interveningchange in the soil or site conditions where the septic system is to belocated. However, if a building permit has been obtained or buildingconstruction has commenced, the permit may be extended for an additional 18months. Applicants shall be informed of the septic tank permit validityperiod and advised to apply only when ready to begin construction.
B. Further, whenever any onsite sewage system is failing and is on or servesreal property consisting of not less than one nor more than four dwellingunits and the Board's regulations for repairing such failing system impose(i) a requirement for treatment beyond the level of treatment provided by theexisting onsite sewage system when operating properly or (ii) a newrequirement for pressure dosing, the owner may request a waiver from suchrequirements. The Commissioner shall grant any request for such waiver,unless he finds that the failing system was installed illegally without apermit. Any such waivers shall be recorded in the land records of the clerkof the circuit court in the jurisdiction in which the property on which therelevant onsite sewage system is located. Except as provided in subsection C,waivers granted hereunder shall not be transferable and shall be null andvoid upon transfer or sale of the property on which the onsite sewage systemis located. Additional treatment or pressure dosing requirements shall beimposed in such instances when the property is transferred or sold.
The owner of the relevant property shall disclose, in accordance withsubsection D, that any operating permit for the onsite sewage system that hasbeen granted a waiver authorized by this subsection shall be null and void atthe time of transfer or sale of the property and that the Board's regulatoryrequirements for additional treatment or pressure dosing shall be requiredbefore an operating permit may be reinstated.
The provisions of this subsection shall apply only with respect to transfersby sale, exchange, installment land sales contract, or lease with option tobuy residential real property consisting of not less than one nor more thanfour dwelling units, whether or not the transaction is with the assistance ofa licensed real estate broker or salesperson.
C. The following are specifically allowed under the provisions of subsectionB:
1. Transfers pursuant to court order including, but not limited to, transfersordered by a court in administration of an estate, transfers pursuant to awrit of execution, transfers by foreclosure sale, transfers by a trustee inbankruptcy, transfers by eminent domain, and transfers resulting from adecree for specific performance.
2. Transfers to a beneficiary of a deed of trust by a trustor or successor ininterest who is in default, transfers by a trustee under a deed of trustpursuant to a foreclosure, or transfers by a beneficiary under a deed oftrust who has acquired the real property at a sale conducted pursuant to aforeclosure sale under a deed of trust or has acquired the real property bydeed in lieu of foreclosure.
3. Transfers not for value by a fiduciary in the course of the administrationof a decedent's estate, guardianship, conservatorship, or trust.
4. Transfers between spouses resulting from a decree of divorce or a propertysettlement stipulation pursuant to the provisions of Title 20.
5. Transfers to or from any governmental entity or public or quasi-publichousing authority or agency.
6. Other transfers consistent with criteria established by the Board ofHealth and the Real Estate Board.
D. The owner of residential real property subject to subsection B shalldeliver to the purchaser a written disclosure prior to the acceptance of areal estate purchase contract. The written disclosure statement shall be in aseparate document, developed by the Real Estate Board on or before January 1,2006. Prior to that time, it shall be the obligation of the owner of suchresidential real property to prepare the written disclosure statement andprovide it to the purchaser as otherwise provided herein.
E. If the disclosure required by subsection B is delivered to the purchaserafter the acceptance of the real estate purchase contract, the purchaser'ssole remedy shall be to terminate the real estate purchase contract at orprior to the earliest of the following: (i) three days after delivery of thedisclosure in person; (ii) five days after the postmark if the disclosure isdeposited in the United States mail, postage prepaid, and properly addressedto the purchaser; (iii) settlement upon purchase of the property; (iv)occupancy of the property by the purchaser; (v) the execution by thepurchaser of a written waiver of the purchaser's right of termination underthis chapter contained in a writing separate from the real estate purchasecontract; or (vi) the purchaser making written application to a lender for amortgage loan where such application contains a disclosure that the right oftermination shall end upon the application for the mortgage loan.
In order to terminate a real estate purchase contract when permitted by thissubsection, the purchaser shall, within the time required by this chapter,give written notice to the owner either by hand delivery or by United Statesmail, postage prepaid, and properly addressed to the owner. If the purchaserterminates a real estate purchase contract in compliance with this chapter,the termination shall be without penalty to the purchaser, and any depositshall be promptly returned to the purchaser. Any rights of the purchaser toterminate the contract provided by this chapter shall end if not exercisedprior to the earlier of (i) the making of a written application to a lenderfor a mortgage loan where the application contains a disclosure that theright of termination shall end upon the application for the mortgage loan or(ii) settlement or occupancy by the purchaser, in the event of a sale, oroccupancy, or in the event of a lease with option to purchase.
F. A real estate licensee representing an owner of residential real propertyas the listing broker shall have a duty to inform each such owner representedby that licensee of the owner's rights and obligations under subsection B. Areal estate licensee representing a purchaser of residential real propertyor, if the purchaser is not represented by a licensee, the real estatelicensee representing an owner of residential real estate and dealing withthe purchaser shall have a duty to inform each such purchaser of thepurchaser's rights and obligations under subsection B. Provided a real estatelicensee performs those duties, the licensee shall have no further duties tothe parties to a residential real estate transaction under this section, andshall not be liable to any party to a residential real estate transaction fora violation of subsection B or for any failure to disclose any informationregarding any real property subject to subsection B.
G. For the purposes of this section:
"Acceptance" means the full execution of a real estate purchase contract byall parties; and
"Real estate purchase contract" means a contract for the sale, exchange, orlease with option to buy of real estate subject to this section.
H. The Real Estate Board shall enforce subsections D, E, and F pursuant tothe provisions of Chapter 21 of Title 54.1 (§ 54.1-2100 et seq.).
(1984, c. 401; 1986, c. 331; 1994, c. 747; 2004, c. 916; 2005, c. 469.)
