Buying a house in Lexington MA: pre-offer checklist (septic vs sewer, permits)

This is general information, not legal advice. Talk to a Massachusetts real estate attorney before you sign anything.

Every house has a catch. In Lexington, the catch often shows up as a septic vs town sewer mismatch the listing soft-pedals, a Title 5 report that is stale or missing, a stub fee / betterment charge Engineering still shows for the parcel, an open OpenGov permit, or a binding Offer to Purchase signed before those records are in hand (McCarthy v. Tobin, 429 Mass. 84).

This guide is a buyer-sided Lexington MA home buyer checklist for houses and small multifamilies (with condo pointers): how MA buyers confirm sewer status, what Title 5 timing means when the lot is septic, which Engineering / Health / Building records to pull, and copy-paste language to use before you bid. Statewide septic rules live in Title 5 septic before an offer — this page adds Lexington-specific places to look.

Why Lexington offers get binding fast

In Massachusetts, a signed and accepted Offer to Purchase can bind you before the home inspection, Title 5 inspection window, sewer-fee quotes, and condo PDFs are done. Read Is an Offer to Purchase binding in Massachusetts? and talk with your attorney before you drop contingencies to “win.”

Ask your attorney whether to keep protections that match the property, including:

• A real home inspection contingency (see M.G.L. c. 143, § 101 / 760 CMR 74 for covered residential sales — do not treat a waiver as routine advice; Massachusetts home inspection waiver ban)
• A Title 5 / septic contingency when the parcel uses an on-site system (or when sewer status is still unclear)
• A lead contingency and notification package on any pre-1978 home
• A condo document review contingency if the property is a condominium
• Enough time (or a written exit) to confirm Engineering stub / betterment charges and open permits

Pair this page with the statewide questions before making an offer list.

Confirm septic vs town sewer on the parcel

Do not rely on street rumor or a neighbor’s setup. Confirm this parcel’s wastewater path before you bid:

• Assessor / listing utilities notes — start with Lexington’s Assessors Online Database (VGSI) (linked from the town’s Online Services and Assessor pages). The public database is a static annual snapshot; mid-year corrections may not appear until the next extract.
• Seller disclosures and any prior Title 5 inspection filings
• Lexington Public Health OpenGov records for Title V inspection filings, septic repair, and septic abandonment permits
• Engineering / DPW sewer-connection history and whether a stub exists toward the street

Lexington’s Board of Health Article XII (On-Site Sewage Disposal Systems) states that the Town has a program to make sewer available to building lots in town, prohibits new on-site systems except under listed exemptions, and requires buildings where municipal sewer is available to connect when a licensed inspector (or the Board / its agent) determines the subsurface system has failed. Ask early whether sewer is available to this lot and what that means for repair vs connection.

Statewide Title 5 applies to on-site systems, not to homes connected only to a public sanitary sewer — see Title 5 septic before an offer.

Title 5 timing if the parcel is septic

Mass.gov’s Buying or Selling Property with a Septic System guide states that a system inspection is generally required within 2 years before a sale (or within 6 months afterward if weather prevents inspection at sale, with written notice to the buyer). An inspection can remain valid for 3 years if the report includes pumping records showing the system was pumped at least once a year. Only MassDEP-approved inspectors and the MassDEP form count for compliance; the buyer must receive a copy of the report.

Ask for the latest Title 5 report, pumping history, and any Board of Health filings before you rely on a short offer window. Put who orders, who pays, and what happens on a fail / conditional pass in writing with your attorney. Full statewide detail: Title 5 septic before an offer.

Connecting to town sewer — permits, stub fees, betterments

Lexington’s Sewer Connection / Abandonment page explains how residents connect: contract with a Town-approved drainlayer, who applies to Engineering for a sewer connection permit; the Town determines whether previous charges are due and adds a stub fee, if applicable, to the permit fees; the contractor must also apply for a septic abandonment permit with the Health Department. Abandonment requires Board of Health permission, pumping/disposal records, and collapsing or removing tanks under Health rules cited on that page.

Engineering’s Water, Sewer & Drain Regulations and Specifications (August 2024 PDF) lists:

• Water / sewer / drain connection permit fees (first 50′ and per additional foot)
• A Previous Charge for a sewer stub the Town previously installed from the main to the property line — only some properties; charge available by address at DPW when applicable
• A Betterment or Charge in Lieu of Betterment for construction of the sewer main — only some properties; fee calculated by Engineering when applicable

The same fee schedule appears on Engineering’s Permit & Copy Fees page. Ask Engineering / DPW for this address before you treat a “already on sewer” listing as cost-settled. Municipal charges can also show up on tax / lien paperwork — ask your attorney what to pull with the municipal lien certificate package.

Building permits, COs, and open work

Lexington’s Building Office states that all permits are accepted through the town’s OpenGov / ViewPoint Cloud system (lexingtonma.portal.opengov.com). Engineering’s permit information page likewise says permitting is online through OpenGov/ViewPoint Cloud (including driveway, sewer, and right-of-way work for approved contractors).

Before offering, search recent and open building, electrical, plumbing, gas, and related permits for the address. Look for unfinished renovations, demolition, or occupancy / certificate issues that change risk or timing. Public Health’s permit applications list also runs through OpenGov (Title V filings, septic repair/abandonment, lead removal permits, and more).

Lead, oil tanks, and other catch-list items

Massachusetts requires the Property Transfer Lead Paint Notification package before a purchase-and-sale agreement on covered pre-1978 homes (M.G.L. c. 111, § 197A). You generally have at least 10 days after notification to conduct a lead inspection if you choose. Full detail: Massachusetts lead paint law for buyers. Confirm year built on the Assessor card; if the year is 1977 or earlier — or unclear — treat lead rules as in play.

Also ask early about:

• Buried or removed heating-oil tanks — underground oil tanks before an offer
• Live knob-and-tube or partial rewires that affect insurability — knob-and-tube wiring before an offer

Permits, assessing, and tax rate (public records)

1. Year built and property characteristics — Use the Assessors Online Database (VGSI) linked from Online Services / Assessor. Confirm year built, living area, use, and ownership history against the listing. For the certified residential (and commercial) rate Lexington is currently using in the state DLS table, see Massachusetts property tax rates by town 2026 — Lexington. Rate × assessed value is only a starting point — confirm the parcel’s assessment with the Assessors.
2. Building / trade permits — Search OpenGov via the Building Office / lexingtonma.portal.opengov.com for open or recent permits.
3. Sewer / septic status — Confirm connection vs on-site system with Engineering / Health filings (Sewer Connection / Abandonment, Public Health permits, Article XII).
4. Stub / betterment / previous charges — Ask DPW / Engineering whether a previous stub charge or betterment / charge-in-lieu applies (Engineering regs PDF).

Condos: docs still matter

Use the statewide packet in Massachusetts condo documents before an offer and the money/risk lens in condo special assessments in Massachusetts. Condo special assessments are not the same thing as a municipal sewer betterment — ask which charges are association vs town (statewide: municipal betterments in Massachusetts). Nearby context: Newton house guide and Quincy house guide.

Copy-paste questions (listing side)

1. Please confirm whether this parcel is on town sewer or an on-site septic / Title 5 system, and share any Engineering or Board of Health records that show connection or abandonment history.
2. Please provide the most recent Title 5 inspection report (MassDEP form), pumping records, and any conditional-pass or upgrade agreements — or confirm in writing that the property is sewer-only with no on-site system remaining.
3. Please list any known stub fees, previous sewer charges, betterments, or charges in lieu of betterment for this address, and share any Engineering / DPW quotes.
4. Please confirm the Assessor property-card year built, living area, style, and property use, and share a printout / PDF of the card.
5. Please provide the complete Property Transfer Lead Paint Notification and Certification Form before we sign a P&S, plus every lead inspection, Letter of Compliance, or Letter of Interim Control you have.
6. Have you searched Lead Safe Homes 1.0 and 2.0 for this property? Please share what you found (or confirm no records).
7. We request home inspection and (if septic) Title 5 contingencies, plus a lead inspection window as applicable — please confirm the seller will not require waivers as a condition of considering our offer.
8. Please list open or recent building, electrical, plumbing, gas, Engineering, and Health permits for this property (including through Lexington’s OpenGov / ViewPoint portal), and any known unpermitted work.
9. Is there (or was there) an underground heating-oil tank on the property? Please provide permits, removal records, and any soil results.
10. Has an insurer or electrician flagged knob-and-tube or other wiring that affects insurability? Please share any written scopes or quotes.
11. Does the Assessor card match the listing for bedrooms, bathrooms, and finished areas? Which spaces are permitted as living area?

Copy-paste questions (your attorney / buyer’s side)

12. Will any child under six live in this home after closing? If yes, what is our plan and timeline for interim control or full compliance after title?
13. Given short offer windows, what OTP language should we ask our attorney about so inspection, Title 5 / sewer-fee diligence, lead, and (if condo) document-review protections are not stripped by accident?
14. Any red flags in Assessor year built, OpenGov permits, Title 5 / sewer status, or Engineering charges that change price or whether we bid at all?
15. For a condo: which wastewater and betterment-like charges are association vs municipal, and what must the unit owner carry separately?

FAQ

Does every Lexington sale need a Title 5 inspection?

No. Title 5 inspection rules apply to properties with on-site sewage disposal systems, not to homes connected only to a public sanitary sewer (Mass.gov Title 5 transfer guide; Title 5 septic before an offer). Confirm the parcel’s actual status with Assessor / Engineering / Health records first. Lexington’s Article XII also restricts new on-site systems and can require connection when sewer is available and a system fails.

What is a sewer stub fee or betterment in Lexington?

Lexington Engineering’s regs PDF describes a Previous Charge for a stub the Town previously installed (some properties; available by address at DPW) and a Betterment or Charge in Lieu of Betterment for sewer-main construction (some properties; calculated by Engineering). The Sewer Connection / Abandonment page says the stub fee, if applicable, is added when the drainlayer pulls the connection permit. Ask for a parcel-specific answer — do not assume a listing’s “sewer” label means no remaining charge. Statewide context: municipal betterments in Massachusetts.

Where do I check Lexington building permits?

Use the town’s OpenGov / ViewPoint Cloud portal (lexingtonma.portal.opengov.com), as directed by the Building Office and Engineering permit information pages. Health-related septic / Title V filings are listed under Public Health Permit Applications.

Can a septic property connect to town sewer?

Lexington publishes a step-by-step Sewer Connection / Abandonment process (approved drainlayer, Engineering connection permit, Health abandonment permit, tank pumping / collapse or removal rules). Article XII addresses when connection is required after failure if sewer is available, and when exemptions for new on-site systems may be considered. Costs and feasibility are parcel-specific — get Engineering / Health answers in writing before you price them into an offer.

How does a binding Offer to Purchase affect Lexington deals?

In Massachusetts, a signed and accepted OTP can bind you before inspections, Title 5 / sewer diligence, and condo PDFs are done (McCarthy v. Tobin, 429 Mass. 84). Ask your attorney whether to keep home inspection, Title 5 / sewer-fee, lead, and (if condo) document-review contingencies that match the property — see Is an Offer to Purchase binding in Massachusetts?.

How Fyts fits

We are building a Massachusetts catch list so MA buyers can put the right questions — septic vs sewer, Title 5 timing, Engineering charges, permits, lead, contract exits — in front of the offer. Lexington competition does not erase those questions; it makes the list shorter and earlier. Nearby: Title 5 septic before an offer · Newton house guide · Quincy house guide · Questions before an offer.

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