Septic inspection when selling a house in Delaware
1 statewide rule and 0 local rules from official sources.
General information, not legal advice. This is our summary of the official rule as we read it. The ordinance or code and the health department decide: confirm with them before you list, sign or close.
Statewide: septic system at sale
Every property served by an onsite system that is sold or otherwise transferred. Cesspools and seepage pits cannot be certified.
| Question | What the official text says |
|---|---|
| What is required | Septic (OWTDS) must be pumped out by a licensed Class F hauler and inspected by a licensed Class H inspector before the sale closes; inspection forms go to DNREC within 72 hours Source: archive.regulations.delaware.gov |
| Triggered by | sale or other transfer to other ownership Source: archive.regulations.delaware.gov |
| Deadline | before completion of the sale; up to 90 calendar days after sale for sheriff sales, auctions, short sales and cash sales Source: archive.regulations.delaware.gov |
| How long a report is valid | An inspection plus pump-out done within the previous 36 months (not a cesspool/seepage pit) suffices; new property: certificate of completion issued within 24 months suffices; proof of licensed operator or service contract with certified provider also suffices Source: archive.regulations.delaware.gov |
| Exemptions |
Source: archive.regulations.delaware.gov |
| If the system fails | Cesspools and seepage pits are prohibited and must be replaced within one year; a cesspool/seepage pit cannot use the 36-month prior-inspection route Source: archive.regulations.delaware.gov |
| Official forms | Inspection forms 'approved by the Department (see Exhibit A)' in the regulation Source: archive.regulations.delaware.gov |
| In force since | January 1, 2014 Source: archive.regulations.delaware.gov |
Official rule7 Del. Admin. Code 7101, section 3.31.13
Checked on November 9, 2026: read on the official site.
How the neighbouring states compare
Delaware has a statewide rule. Of its 3 neighbouring states, 2 have a statewide rule at sale; a buyer moving across the line may meet a different rule. From our register of official rules:
- Maryland: statewide well water test rule at sale.
- New Jersey: statewide well water test rule at sale.
Other states: all states.