Taos Real Estate » Septic Info

Taos Real Estate Septic Issues – What Constitutes a Bedroom in Taos Real Estate Septic Rules?

Jim Kimmons, Broker/Owner — Sat, 25 Sep 2010 14:02:08 +0000

While I've practiced real estate in some areas where the number of bathrooms was a primary criteria in determining required septic system sizing, in Taos real estate it is more based on the number of bedrooms. This is logical, as the capacity to sleep more people usually determines occupancy at any given time. The fact that they may be inconvenienced by having fewer bathrooms doesn't change the load on the septic system.

With the more stringent septic regulations adopted in the Taos real estate market several years ago, it's important for buyers and sellers to understand the septic system rules and how they can blow up a transaction. With the new rules requiring that a current valid septic permit be issued before a property transaction can be finalized and recorded at the courthouse, just coming to an agreement as to what should be done isn't enough.

An inspection will be required as a contingency for closing, and while either party may agree to make corrections turned up in the inspection, somebody will need to do so. If the septic system is inadequate, it could require destruction of the current tank or system and replacement of a new one. If the home has had bedrooms added, a larger system may be necessary. So what constitutes a bedroom in the Taos real estate market?

In some areas, I've seen that a closet is required to call a room a bedroom. That's not the case in the Taos real estate market. If the room can be closed off and made private, meaning a door and not just an opening to enter, then it could be classified as a bedroom by current rules. This is even if you have no intention of using it as a bedroom. Sometimes an affidavit to that effect will suffice, but it may not.

Being aware of possible new negotiations in the Taos real estate market related to septic systems is a must.

Don’t Forget Condo Common Area Improvements at Tax Time

Jim Kimmons, Broker/Owner — Tue, 24 Jun 2008 17:57:34 +0000

The National Association of Realtors just ran a story on a frequently-overlooked tax break for condominium owners. Regular maintenance is not deductible at the time of sale, but you can write off your proportional share of major improvements to common areas, as it becomes part of your cost basis.

As many of the Taos real estate market condo owners are not using it as their primary residence, this is something to consider when you're about to sell. One client of mine had a major septic upgrade for the entire project in the last year or so. Consult an accountant, but they should be able to write off their proportional share of this expense in their cost basis when they sell.

Taos Real Estate Septic Regulations

Jim Kimmons, Broker/Owner — Sun, 30 Dec 2007 15:20:16 +0000

Septic systems comprise the vast majority of waste disposal mechanisms in the Taos area. In the past, regulations and lack of oversight has caused problems with some ground water. In 2006, a new statewide septic regulation was passed, and is being stringently enforced. Property cannot be transferred without a valid septic permit on file at the Environmental Division in Taos.

If you are buying any property with a septic system in place, the following procedures are followed during the purchase process:

A septic inspection is ordered by the Seller.
Septic system is pumped and inspected.
If it passes, a valid permit is issued and all is well.
If the system does not pass, problems must be corrected within 15 days of notice.
Buyer or Seller might pay for this, as it is a negotiated contract item.

You should know that many existing simple septic systems with leach fields do not comply with the new regulations due to the lot size. 3/4 acre size is required for a lot to allow a normal leach field. That 3/4 acres must be net of easements and roadways. If the current system does not qualify, the state can require the installation of special systems that can carry costs two to three times higher than a normal system with a leach field.