Buying or Selling a Home with an Aerobic System in Texas

The permit goes with the house, and so does the duty to keep the system maintained. In Texas the on-site sewage facility (OSSF) permit transfers to the new owner on sale (30 TAC §285.3(a)(3)). A system that needs ongoing maintenance also has an affidavit in the county deed records (§285.3(b)(3)). What the buyer must then do depends on the system’s age. Inside the first two years, the builder’s initial service policy carries over: “the terms of the initial service policy will apply to the new owner” (§285.7(d)(4)(A)). After the two years, the buyer of a single-family aerobic system “shall either obtain a maintenance contract within 30 days of the transfer or maintain the system personally” (§285.3(b)(3)). Self-maintenance is not open to commercial, speculative residential or multifamily property (§285.7(d)(4)(B)). The seller discloses the system on the Seller’s Disclosure Notice, TREC form 55-1.

Summarizes public rules as of Oct 14, 2026; not legal advice; verify with your permitting authority.

Who has to do what?

Who	What	Rule or form
Seller	Disclose the septic system on the Seller’s Disclosure Notice	TREC form 55-1
Buyer, within the first two years	Keep the builder’s initial service policy in force; its terms apply to you	30 TAC §285.7(d)(4)(A)
Buyer, after the first two years	Sign a maintenance contract within 30 days of the transfer, or maintain a single-family system yourself	30 TAC §285.3(b)(3); §285.7(d)(4)
Buyer of commercial, speculative residential or multifamily property	Keep a maintenance contract; self-maintenance is not available	30 TAC §285.7(d)(4)(B)
Buyer, at every renewal	Get the signed contract to the permitting authority at least 30 days before the old one expires	30 TAC §285.7(d)(2)
Maintenance provider, if the contract ends	Give written notice to the permitting authority and the manufacturer, and the owner when you end it, at least 30 days before service stops	30 TAC §285.7(d)(3)(A)–(B)

What does the deed affidavit say?

The affidavit is how Chapter 285 makes the maintenance duty visible to the next owner. It is recorded in the county deed records as part of permitting, and it must state, among other items, “that an OSSF requiring continuous maintenance is located on the property” and “that at any time after the initial two-year service policy, the owner of an aerobic treatment system for a single family residence shall either obtain a maintenance contract within 30 days of the transfer or maintain the system personally” (30 TAC §285.3(b)(3)). For buyers and agents, the practical step is the same: look for the affidavit in the title work and ask the seller for the current maintenance contract.

What if the system is less than two years old?

New aerobic systems start with an initial two-year service policy. For a new single-family home, the policy starts on “the date of sale by the builder” (30 TAC §285.7(c)), so a first buyer gets the full two years. If the home sells again within that period, the policy’s terms apply to the new owner (§285.7(d)(4)(A)). At the end of it, the owner signs a maintenance contract or, for a single-family home, takes over maintenance. What happens in the first two years covers the policy itself.

Does the existing maintenance contract transfer?

The rules do not say a contract transfers automatically; that depends on the contract’s own terms. What the rules do say is what happens if a contract ends. If the provider stops service, it must give the permitting authority, the manufacturer and the owner at least 30 days’ written notice (§285.7(d)(3)(A)). The owner then has to contract with another provider and get the new signed contract to the permitting authority “no later than 30 days after termination,” unless the owner qualifies to maintain the system personally (§285.7(d)(3)(C)). A buyer who wants continuity should ask the seller’s provider, before closing, whether the contract can be assigned or whether a new one is needed.

Is an inspection required at sale?

We found no Chapter 285 requirement for an OSSF inspection when a house is sold. A buyer or lender may still ask for one. The maintenance record is the cheaper first look: an aerobic system under contract is tested at least every four months (30 TAC §285.91(4), Table IV), and each report goes to the permitting authority within 14 days (§285.7(e)(1)(B)). Ask the seller for the last few reports. Some permitting authorities also have their own change-of-ownership step; each county’s page shows what is known about how that authority works.

Sources

• 30 TAC §285.3, General Requirements (permit transfer; deed affidavit): https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-3
• 30 TAC §285.7, Maintenance Requirements: https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-7
• TREC, Seller’s Disclosure Notice (form 55-1): https://www.trec.texas.gov/forms/sellers-disclosure-notice
• TCEQ, Maintenance of On-Site Sewage Facilities: https://www.tceq.texas.gov/permitting/ossf/ossfmaintenance.html

Last verified: 2026-10-14. Summarizes public rules as of Oct 14, 2026; not legal advice; verify with your permitting authority.

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