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What You Need to Know About Septic Systems and Cesspools Before Buying on Long Island

  • Taub and Bogaty
  • Jun 25
  • 3 min read
Open septic tank with green lid on grass near a wooden shed and fence. The setting is outdoors, showcasing a neat, well-maintained yard.

Buying a home is a major investment, and on Long Island, that often includes more than just the property itself. In Suffolk County and parts of Nassau, many homes aren’t connected to a public sewer system. Instead, they rely on septic systems or older cesspools to manage wastewater—systems that come with unique responsibilities, regulations, and potential costs. Understanding how these systems work and what to expect can make a big difference in a smooth, informed purchase.


Understanding the Basics: Septic vs. Cesspool

Cesspools

A cesspool is a basic underground structure where household wastewater collects and slowly seeps into the surrounding soil. These systems, often found in homes built before the 1970s, do not treat wastewater. While once common, they are now considered outdated and can pose environmental risks. They also tend to fail under the strain of modern water use.


Septic Systems

Septic systems are more advanced. They include a tank that separates solids from liquids and a drainage field that filters treated water into the ground. Though more environmentally friendly than cesspools, they still require consistent maintenance, including regular inspections and periodic pumping to remain in good working order.


Inspection and Disclosure Requirements

What Sellers Must Disclose

In New York, sellers must disclose any known issues with a property’s waste disposal system. However, “known” can be a gray area. A system might seem functional but still be nearing the end of its life. For that reason, buyers are encouraged to go beyond disclosures and arrange their own inspections.


What Buyers Should Do

A licensed septic inspector can uncover potential problems that wouldn’t surface during a general home inspection. A thorough inspection typically includes:

  • Verifying the system’s location and accessibility

  • Checking the tank and drainage field for signs of wear

  • Identifying blockages, odors, or drainage issues

  • Reviewing pumping and maintenance records


If problems are found, buyers may be able to negotiate for repairs or credits before closing.


Upgrade Requirements and Incentives

Suffolk County Replacement Mandates

To protect groundwater, Suffolk County has enacted regulations that phase out old cesspools, particularly in environmentally sensitive zones. Under Article 6 of the Suffolk County Sanitary Code, certain homes must replace cesspools with modern systems during property transfers or substantial renovations.


Grant and Rebate Programs

To help offset the cost, Suffolk County and New York State offer financial incentives for homeowners who install an Innovative/Alternative Onsite Wastewater Treatment System (I/A OWTS). These high-efficiency systems are designed to reduce nitrogen pollution, which is a major contributor to Long Island’s water quality issues.


If a home is located in a designated priority area, the cost of an upgrade may be eligible for thousands of dollars in grants and rebates. Buyers should factor this into their decision-making process when evaluating long-term costs.


Potential Costs and Future Maintenance

What to Expect Financially

  • Pumping (every 2–5 years): $300–$600

  • Inspections: $200–$500

  • System replacement:

    • Standard septic system: $10,000–$20,000 (per Suffolk County Reclaim Our Water estimates)

    • I/A OWTS: $30,000 or more before incentives


These costs can vary based on soil type, lot size, and the proximity to wetlands or water bodies. Budgeting for future maintenance is an important step in protecting the value of your home.


How It Can Affect Your Closing

Wastewater systems that are outdated, undocumented, or non-compliant can complicate a transaction. Some lenders, especially FHA or VA, may require repairs or replacements before final loan approval. Title insurers may also raise red flags about missing permits or incomplete documentation.


To avoid surprises at the closing table, buyers should request:

  • A current survey showing system placement

  • Any available pumping and maintenance records

  • Verification of necessary permits or variances


If these documents are missing or outdated, attorneys typically negotiate a solution during contract review.


Be Informed Before You Commit

Septic systems and cesspools may not be the most glamorous part of buying a home, but they play a critical role in long-term livability and compliance. A little due diligence early on can uncover hidden risks, give buyers negotiating power, and avoid costly setbacks later.

For support with legal protections, municipal compliance, or addressing septic system issues during a residential purchase, contact Taub & Bogaty at (516) 531-2500 or visit https://www.realestatelawny.com/contact. Making informed decisions today helps protect your investment for years to come.

 
 
 

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