Buying a Home With a Private Well or Septic System in Monmouth or Ocean County

If the home has a private well, New Jersey law requires the water to be tested by a state-certified lab before closing, and the closing can't happen until both the buyer and the seller have received and reviewed the results. Septic systems have no single statewide inspection rule at sale, so what's required depends on the town and its health agency, and a private septic inspection is something you negotiate in the contract.

I'm Dennis Mark Interdonato with The Dennis Mark Group at Keller Williams Realty Ocean Living. If you're moving from a city or suburb with town water and sewer, a well and a septic system can sound like a lot. They're common in parts of both counties, and the process is well defined. Here's how it works.

What does New Jersey require when you buy a home with a private well?

The Private Well Testing Act. Under N.J.S.A. 58:12A-27, every contract of sale for a property with a private well "shall include a provision requiring, as a condition of the sale, the testing of that water supply." And: "Closing of title on the sale of the real property shall not occur unless both the buyer and the seller have received and reviewed a copy of the water test results." Both sign a certification at closing saying they have.

• A certified lab does the work. Testing has to be done by a lab certified by the Department of Environmental Protection, and the lab or its authorized representative collects the sample.
• The State gets the results too. The lab sends them to the DEP within five business days after the test is complete.
• Who pays is up to the contract. The law requires the test; it doesn't say which side pays for it. Your attorney sorts that out during attorney review.

What does the well water test check for?

The statewide list in N.J.A.C. 7:9E-2.1 includes:

• Total coliform bacteria, with E. coli testing if coliform is present
• Nitrate, iron, manganese and pH
• Volatile organic compounds that have drinking water limits
• Lead and arsenic
• Gross alpha, using the 48-hour rapid test
• 1,2,3-trichloropropane, ethylene dibromide and 1,2-dibromo-3-chloropropane
• PFNA, PFOA and PFOS

The rule also adds mercury for properties in nine southern New Jersey counties, Monmouth and Ocean among them. Most results are valid for one year from the sample date, and coliform results for six months, so a stale test from a prior sale won't cover yours.

Are there county rules on top of the state test?

Yes, and they differ between the two counties.

• Ocean County. The Ocean County Health Department says county Ordinance 94-1 "requires full testing and certification by this agency for drinking water standards" in a real estate transaction, and its certification "is good for 6 months from the date of the test."
• Monmouth County. The Monmouth County Health Department's handout says "septic and well inspection requirements vary by municipality." For the towns it serves, its table lists requirements town by town, including Holmdel, Howell, Marlboro, Millstone and Upper Freehold. Other Monmouth towns work with other health agencies, so check with the one that covers your address.

Does New Jersey require a septic inspection when you buy a house?

There's no single statewide requirement I could find. What the State does set is the method. Under N.J.A.C. 7:9A-12.6, an inspection done for a property transfer has to follow the DEP's procedure to be a "Department recognized method of inspection." The inspector reports what they find, and only the health authority or the DEP can label a system as malfunctioning.

Two more rules worth knowing:

• Pump records. For its member towns, the Monmouth County Health Department's handout says sellers "must produce a septic pump receipt within the last three years."
• Cesspools. Since June 2, 2012, cesspools, privies, outhouses, latrines and pit toilets that are part of a property transfer have to be abandoned and replaced with a proper system, with limited exemptions such as some family transfers.

How do you take care of a septic system after you buy?

The DEP's homeowner primer suggests pumping about every three years for a typical 1,000 to 1,250 gallon tank, and more often if you use a garbage disposal. Keep the receipts. You'll want them when you sell.

How does this fit into buying from out of state?

Wells and septic systems add a few steps and some lead time, so build them into the calendar from the start:

1. Ask about water and sewer when a home makes your short list. The listing usually says, and the seller's bills confirm it.
2. Line up a New Jersey real estate attorney before you make an offer, so the well test and septic inspection terms go into the contract during attorney review.
3. Schedule the well test and the septic inspection early in the contract period. Results take time, and the closing can't happen without the well results.
4. Read the results with your inspector or the lab before you decide anything.

I've been building and remodeling New Jersey homes since 2003, so I'll give you a construction-level read on the house, the well and the septic before you're committed. The relocation page shows how I help buyers from another state, and my free Relocation Guide lays out the full process.

Frequently Asked Questions

Is well water testing required to sell a house in New Jersey?

Yes. The Private Well Testing Act requires testing by a DEP-certified lab, and closing can't occur until both buyer and seller have received and reviewed the results.

Who pays for the well test in New Jersey?

The law doesn't say. It's decided in the contract, so talk it through with your attorney.

How long are well test results good for?

Under the state rule, most results are valid for one year from the sample date and coliform results for six months. Ocean County's own certification is good for six months.

Do I need a septic inspection to buy a house in Monmouth or Ocean County?

It depends on the town and its health agency.

This is general information, not legal, tax or lending advice. Your attorney, inspector and the local health agency confirm what applies to a specific home.

About the author

Dennis Mark Interdonato is a REALTOR® and Master CDRE® who leads The Dennis Mark Group at Keller Williams Realty Ocean Living in Point Pleasant, NJ, helping buyers and sellers throughout New Jersey make their next move, with Monmouth and Ocean County as home base. Read more about Dennis Mark.

Keep reading

• The smoke and CO alarm certificate at a New Jersey sale
• Setting up utilities in Monmouth and Ocean County
• Selling a home with a well or septic? Start with a free home value.
• Have a question this didn't answer? Send it to Dennis Mark and it may become the next article.