Do You Need a Septic Inspection to Sell a House in New Mexico?
Yes. New Mexico requires a septic inspection before a property with an established septic system changes hands. The state calls it a property transfer evaluation. Under 20.7.3.902.E NMAC, the seller has to have the system evaluated.
The New Mexico Environment Department (NMED) charges a $50 fee, paid before the report is date stamped as received. The evaluator sets their own fee, and it varies with the system and the property. If the evaluation finds a failed system, it has to be fixed with NMED approval. That repair is the work on our septic system installation and repair page.
What does a New Mexico septic inspection check?
A permitted conventional system gets a non-invasive evaluation, and the buyer gets a copy of the report. The evaluation is recorded on a form NMED approves. Every report includes the GPS coordinates of the septic tank. Under 20.7.3.902.F NMAC, the evaluator checks these points.
| Part of the system | What the evaluator checks |
|---|---|
| Septic tank | Watertight and working properly, with a liquid capacity within one tank size of what the rules require |
| Drainfield (leach field) | Appears to be working properly |
| Setbacks and clearances | Appear to meet the rules |
| Lot size | Meets the rules in effect at installation, or at the most recent permitted modification |
| Health and safety | The system is not a public health or safety hazard |
When a check fails, a permit or variance application to fix it is due, and a septic system repair follows. A house on city sewer has no septic system to evaluate. A broken pipe there is a sewer line repair job.
Why should the permit search come first?
Everything starts with the permit. NMED says the permit search can take up to 10 days, so start early. Its do-it-yourself search covers systems installed before 2017. For a system installed in 2017 or later, contact the local NMED field office.
If a permit turns up, a qualified evaluator can evaluate the system and send the report to NMED. Without a permit, the system has to be registered or permitted, and NMED says that may delay the sale.
To register an unpermitted system installed before February 1, 2002, the owner hires a septage pumper to pump the tank. We do not pump tanks; a pumping company handles that. To be permitted, an unpermitted system installed after that date has to be exposed so NMED can inspect it fully. NMED may also charge an administrative penalty.
Who can do a septic inspection in New Mexico?
The seller hires a qualified evaluator. Under 20.7.3.904.B NMAC, any one of these qualifies a person:
- A valid and appropriate contractor license classification from the state Construction Industries Division.
- A professional engineer license.
- Accreditation in onsite wastewater inspection from the National Sanitation Foundation (NSF).
- Certification from the National Environmental Health Association (NEHA) as an installer of onsite wastewater treatment systems.
- Certification as a registered environmental health specialist (REHS) or registered sanitarian (RS).
- A similar accreditation or certification, or a combination of training and experience that NMED approves.
Ask which one your evaluator holds before you book. Third-party evaluators handle permitted systems and unpermitted systems installed before February 1, 2002. NMED itself inspects unpermitted systems installed after that date.
What does a septic inspection cost in New Mexico?
NMED’s part is the $50 report fee. The evaluator sets their own fee, and a few things move the total:
- The type of system. An advanced treatment system may need sampling and an inspector qualified for it.
- The permit. A missing permit adds the registration or permit steps above, including a septage pumper on older systems.
- Timing. If an evaluation was done within 180 days of the transfer, a second one is not needed.
Ask each evaluator for the fee in writing, and ask what it covers. Then compare the quotes line by line.
How long does the process take?
| Step | The clock |
|---|---|
| Permit search | Up to 10 days, per NMED |
| Evaluator sends the report to NMED | Within 15 days of the evaluation |
| NMED’s $50 report fee | Paid before the report is date stamped as received |
| Permit or variance application to fix deficiencies | Within 15 days of the evaluation |
| Earlier evaluation or final approval | No new evaluation if it was within 180 days of the transfer |
The second 15-day clock falls on whoever owns the property on day 15 after the evaluation. If the sale closes before then, that is the buyer. Once an evaluation is requested, every result goes to NMED, finished or not.
A new or modified system can skip the evaluation too. That applies when a final inspection with final approval happened within 180 days of the transfer.
What if the house has an advanced treatment system or a holding tank?
Some lots use an advanced treatment system or a holding tank. For these, the new owner submits a permit amendment for the ownership change. A copy of the valid maintenance and sampling contract goes with it.
If an advanced system has not had a scheduled sampling within 180 days of the evaluation, it gets sampled. Either way, the sampling results go with the report. Only a person qualified as a maintenance service provider for advanced systems may inspect one.
What happens if the septic system fails?
A failed system has to be fixed with NMED approval. If the property transfers before the fix, the buyer becomes responsible for it. The permit or variance application is due within 15 days of the evaluation. If an unpermitted system fails, the owner has to get a permit to fix what the evaluation found.
The fix might be a line or tank repair. It might be drainfield work or a full replacement. For market ranges on that work, see what a septic system costs in New Mexico.
Which office covers your property?
Septic systems are common in the East Mountains, Corrales, Placitas and the outskirts of Rio Rancho and Los Lunas. Bernalillo County is the only county in New Mexico with its own onsite wastewater ordinance. That ordinance applies only to the unincorporated parts of the county. Tijeras and the City of Albuquerque are regulated by NMED.
If your property sits in unincorporated Bernalillo County, ask the county what it requires at a sale. NMED’s Albuquerque field office can tell you which office covers a property.
This guide explains the state rule in plain words. It is not legal advice, and the office that covers your property has the final say.
Who fixes a septic system that fails the evaluation?
Wright Flow Plumbing and Heating repairs and replaces septic systems. Our septic system installation and repair work covers tank and line repairs, drainfield work, risers and lids, and new systems. We handle the permit paperwork with you and explain each NMED step as we go.
We are based in Edgewood and work across Albuquerque, Rio Rancho, Corrales and the East Mountains. If your report calls for a septic system repair, call (505) 306-8285 for a free estimate.