What MLS rules and regulations address septic system operating permits?
CVR MLS’s long-standing rule 5.34 states that the total number of bedrooms of a property displayed in the MLS must not exceed the number of bedrooms indicated on the approved septic permit. See CVR Rule 5.34 – Septic Systems and Bedroom Count.
How are sewer and septic systems defined in the MLS?
The Sewer/Septic selections in Matrix are picklist items under the Features tab in the input form. CVR MLS has several selections for this field:
Septic – Aerobic
Septic – Conventional
Septic – Engineered
Septic – Mound
Septic – Shared
Sewer– Community
Sewer – Public
None
Other
Definitions for these fields can be found in the Knowledge Base.
If the number of bedrooms in tax records do not reflect the septic system operating permit information, how should I enter my listing into the MLS?
If the number of bedrooms in the property is lower than what is reflected on the septic operating permit, the listing agent may enter the lower number of bedrooms.
If the number of bedrooms is higher than what is reflected on the septic operating permit, CVR MLS Rule 5.34 prohibits the listing agent from entering any bedrooms above what has been approved in the operating permit. If a seller has obtained an amended operating permit with a limited occupancy restriction that has been filed with the appropriate jurisdiction, then the listing agent may include the number of bedrooms indicated on the amended operating permit.
If I am a listing agent and the operating permit is unavailable, how do I enter the bedroom count into the MLS?
If the operating permit is unavailable, the seller may use the public tax record to determine the bedroom count that can be entered into the MLS.
May operating permits be attached as supplements to an MLS listing?
Yes, you may include the operating permit as a supplement to your Matrix listing.
If an owner modified their home to have less bedrooms than reflected on the tax records and the operating permit, how should the bedroom count be advertised in the MLS?
Under CVR MLS rules, the number of bedrooms may not exceed the number of bedrooms approved on the operating permit. Therefore, a listing that has less bedrooms than indicated on the operating permit is permitted.
Do you have to disclose a limited capacity operating permit in the MLS?
While there is no specific requirement to disclose an operating permit with a limited occupancy restriction, the best practice is to disclose it in the public remarks and to the prospective purchaser.
How should additional bedrooms that exceed the septic system capacity/bedroom count set forth in the operating permit be advertised in the MLS?
CVR MLS Rule 5.34 states that the number of bedrooms displayed in the MLS may not exceed the number of bedrooms indicated on the approved septic permit. Therefore, you cannot advertise a bedroom count that exceeds the septic system capacity/bedroom count set forth in the operating permit unless the owner has obtained and recorded an operating permit with a limited occupancy restriction.
Non-bedroom spaces, such as bonus rooms, playrooms, etc., may be added in the Room Info tab in Matrix. There are many Room Types selections in Matrix that can capture usage of non-bedroom spaces.
How should I identify in the MLS that the type of septic system is unknown to the Seller?
The listing agent is able to select “Other” as a picklist selection but should include appropriate language in the agent comments when using that selection.
How should septic inspections be addressed in the CVR MLS As Is Addendum?
Septic system inspections are waived in the CVR MLS AS IS Addendum. If a prospective buyer wants a septic system inspection, the CVR MLS AS IS Addendum should not be utilized.
For further MLS assistance, please contact our team at [email protected] or (804) 422-5004.
For more information about the new Septic Inspections laws, visit the RAR website’s Septic Inspection Update page.
