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

  • Taub and Bogaty
  • Jun 18
  • 3 min read
Open septic tank lid on green grass beside a wooden shed with a fence in the background. Overcast lighting, wooden textures visible.

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 significant difference in a smooth, informed purchasing experience.


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 While once common, they are now considered outdated and can pose environmental risks.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 identify potential problems that may not be apparent 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 are required to replace their 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 consider this when evaluating long-term costs as part of their decision-making process.


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 depending on the soil type, lot size, and proximity to wetlands or water bodies. Budgeting for future maintenance is a crucial step in preserving 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, particularly those offering FHA or VA loans, 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 the contract review process.


Be Informed Before You Commit

Septic systems and cesspools may not be the most glamorous aspects of buying a home, but they play a crucial role in ensuring 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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