Sourced from Michigan Lakes and Streams Association, county health department documentation, and EGLE Onsite Wastewater Program guidance — last checked August 2026.
What a TOST Ordinance Does
A Time of Sale or Transfer ordinance requires inspection of well and septic systems before a property is sold.
The purpose is to identify systems that are no longer functioning as designed — or that were installed without regard to any code at all — and then require corrective action where it’s needed.
That second category matters more in Michigan than most places. With no statewide code and no historical requirement for periodic inspection, some older rural systems were installed informally and have never been evaluated by anyone.
Why There’s No Statewide Answer
The Michigan public health code charges local health departments with developing and implementing their own codes for wells and septic systems. Point-of-sale inspection is exactly the kind of requirement some have adopted and others haven’t.
So the answer to “do I need a septic inspection to sell my house in Michigan” is genuinely: it depends where the house is. Two properties an hour apart can face completely different requirements.
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What Does Your Michigan County Require?
Michigan is the only state in the country without a statewide septic code. Instead, 45 local health departments write and enforce their own sanitary codes across 83 counties. That means there is genuinely no statewide answer to most septic questions here — your county’s code is the rule, and it can differ sharply from the county next door.
Directional guidance only. Michigan’s 45 local health departments each adopt and enforce their own sanitary code. EGLE’s Onsite Wastewater Program provides guidance and oversight but generally does not override local health department authority.
The Answer May Have Changed
Worth flagging: local communities around Michigan have been increasingly adopting these ordinances. An answer someone gave you a few years ago, or a forum post from 2019, may simply be out of date for your area.
Check for the specific property, close to the time of the transaction.
What to Ask
Does this county or township have a Time of Sale or Transfer ordinance? Ask the local health department, and be specific about the address — some ordinances are township-level rather than county-wide.
If so, who is qualified to perform the evaluation, and what does it cost?
What records do you hold for this property? Permits, as-built drawings, prior evaluations. On older rural properties there may be nothing at all — which is itself worth knowing before closing.
If corrective action is required, what’s the timeline? Some ordinances allow a period after closing; others require resolution before transfer.
Even Where No Ordinance Applies
An inspection is usually worth doing anyway, for both sides of the transaction.
For buyers: with no statewide inspection history and no central database, you may be buying a system nobody has looked at in decades. A failing system can cost more than $20,000 to replace. That’s a large number to discover after closing.
For sellers: a documented, recently inspected system removes a question mark. In a state where buyers have good reason to be uncertain, documentation is a genuine advantage.
What SB 771 Would Change
Senate Bill 771 would establish statewide evaluation requirements based on system age and proximity to water rather than on property transfer. It advanced from Senate committee in June 2026 and awaits floor action — it is not law.
If enacted, it wouldn’t replace TOST ordinances directly, but it would mean far more Michigan systems had been evaluated at some point, which changes the picture for buyers considerably. See our SB 771 guide.
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Frequently Asked Questions
Does Michigan require a septic inspection when selling a home?
Not statewide. Some counties and townships have adopted Time of Sale or Transfer ordinances requiring inspection before sale, and some have not. It depends on the specific location.
What is a TOST ordinance?
A Time of Sale or Transfer ordinance, also called Point of Sale or POS. It requires inspection of well and septic systems before a property is sold, to identify systems no longer functioning as designed and require corrective action.
How do I find out if my area has one?
Ask your local health department about the specific address. Some ordinances are township-level rather than county-wide, and more Michigan communities have been adopting them over time, so older information may be out of date.
Should I inspect even if no ordinance applies?
Usually yes. With no statewide inspection history and no central database, a buyer may be purchasing a system nobody has evaluated in decades, and a full replacement is among the largest single repairs a rural Michigan home can need.