Four Certificates a Massachusetts Seller Needs Before Closing

Four certificates come up on Massachusetts sales, depending on the property. Every home needs the smoke and CO certificate; homes on septic need Title 5; condos need the 6(d); and Boston properties need the BWSC lien certificate. Each has its own lead time, so start them the day the closing date is set.

Smoke and carbon monoxide certificate

Under M.G.L. c.148 §26F and §26F½, the seller must have the local fire department inspect the smoke and CO alarms at the time of sale, and the department issues a certificate of compliance. In Boston, the Fire Department requires at least 10 business days’ notice to schedule the appointment. The inspection fee is capped by statute at $50 for a single-family home, and when smoke and CO alarms are inspected in the same visit there is no additional fee. In Boston, the smoke certificate at sale applies to homes built before 1975 with one to five units; the CO requirement applies to any home with fossil-fuel equipment or an enclosed garage regardless of age.

Title 5 septic inspection

This applies only to properties served by a septic system, which excludes most of Boston. Under 310 CMR 15.301 the system must be inspected at or within two years before the transfer of title. An inspection up to three years old may be used if the system was pumped at least once a year, and if weather prevents the inspection it can be completed after the transfer under a written notice to the buyer.

Condominium 6(d) certificate

For a condo, the organization of unit owners provides a statement of any unpaid common expenses assessed against the unit. Under M.G.L. c.183A §6 the association must furnish it within 10 business days of a written request, for a reasonable fee. Once recorded, it discharges the unit from any lien for unpaid amounts other than those stated in it.

Boston water and sewer lien certificate

The Boston Water and Sewer Commission issues a certificate of water, sewer and stormwater charges with a final meter reading. The application must be filed at least 10 business days (BWSC says working days) before the closing date. The fee is $25 for one to three family homes and condominiums of one to three units.

How I run it

The day a closing date is set, the fire department appointment and the BWSC application go in. Same day, the 6(d) request goes to the association in writing. That’s the whole trick. Diana Kim, REALTOR®, eXp Realty.