Does Your East Bay Home Need Sewer Lateral Compliance Before You Sell?

There is one pipe under your yard that can come up when you sell. It is called the sewer lateral. It is the private pipe that carries wastewater from your house to the public sewer line in the street. You own it, and it is your responsibility, up to the connection at the street.

Most homeowners never think about it until a sale, and then it can come up quickly. Tanja Odzak is a Top East Bay Realtor with eXp Realty, helping buyers and sellers in Oakland, Berkeley and across the East Bay. This guide walks through how the sewer lateral rules work, who usually takes care of the work, and what to find out before you list.

Across much of the East Bay, there is a sewer lateral rule that applies when a home is sold. Some cities have their own version, and Berkeley has its own City certificate as well. In the East Bay Municipal Utility District area, the rule typically puts the responsibility on the seller.

It is not the same everywhere. Lafayette and Pleasant Hill, for example, do not have an ordinance requiring a sewer lateral certificate, although an inspection of the lateral is recommended. The rules also change, so I check the current requirements for every home rather than relying on what was true last year.

Here is the part most sellers do not know. Who brings the lateral into compliance is negotiable. Many sellers ask the buyer to take it on. But that is not a given in either direction.

• Some sellers take care of it before closing.
• Some buyers are not willing to take it on after the sale.
• It depends on the home, the market, how competitive the offers are, and the price.

I would never tell you it is automatic either way. It is one of the points we work out together when we look at the offers, which I explain in contingencies and the dates that matter after you accept an offer.

Once it is settled in the purchase agreement who takes care of it, one of two things is then required.

• A compliance certificate. This shows the lateral passes.
• A time extension certificate. This gives time to complete the work.

Which one applies depends on the condition of the pipe and on what the buyer and seller agree to. Knowing where your lateral stands before you list is what keeps this from becoming a surprise in the middle of a sale.

My advice is to find out where your lateral stands before you list, so nothing surprises you in the middle of a sale.

• Ask about the inspection. In the East Bay, sellers customarily order inspections before listing, and the list of inspections can include the sewer lateral, depending on the home. I explain why in should you get inspections before you list.
• Check your city's page. The City or utility can update the rules, so confirm the current requirements before you decide.
• Decide the plan early. Whether to handle it yourself or ask the buyer is easier to think through before offers arrive.

If your home is in Oakland, there is a second city rule to look at as well. I cover it in Oakland sidewalk compliance for sellers. Selling in Berkeley? Start with the energy rule in what Berkeley sellers need to know about BESO.

Assuming the buyer will take it on. Many sellers ask, but it is a point of negotiation, not a guarantee.

Waiting until the home is in contract. Learning about it after you are tied to one buyer narrows your choices.

Assuming every city works the same. Berkeley has its own certificate, and some cities have no sewer lateral ordinance at all.

Start with a free call. We talk through your home, your city, and whether the lateral is likely to be part of your sale, and I help you plan for it. You can also see how this fits into the whole process on how I sell a home, or read more about selling in Oakland.

This is general information, not legal, tax, or lending advice. Your broker and the City can answer questions about your own address.