The septic failed and you're supposed to close Friday. Now what?

Last reviewed: July 5, 2026

Here is the situation this page is written for: the inspection came back with a problem, closing is days away, and someone just told you the sale can’t record until the septic is fixed. Take a breath. In most Colorado counties a failed inspection does not automatically kill the deal — nearly every county has a formal path to close on time and finish the repair afterward, usually with the buyer taking on the work under a written agreement.

The catch is that the path has a different name and a different deadline in every county. Below is what each county in our data actually allows, drawn from that county’s own materials and linked to the source. Find your county, then confirm the current details on its county page — because the deadline you’re agreeing to is the part that matters most.

The two ways a failed system usually resolves

Across counties, a failed transfer inspection resolves one of two ways:

1. Repair before closing. The seller pulls a repair permit, fixes the system, and the inspection passes. Clean, but slow — and “slow” is exactly what you don’t have three days out.
2. Close now, repair on a deadline. The county issues a conditional permit or accepts a written agreement to repair. The sale records on time; whoever signed the agreement (usually the buyer) has a set number of days after closing to complete the repair. Miss the deadline and it becomes a code-enforcement problem for the new owner — so the deadline is the whole negotiation.

Which one you use, and how many days you get, is set by the county. Here is where each county lands.

What each county allows if the system fails

Each entry states the county’s conditional-close path and the repair deadline, with the county source linked. Deadlines are the county’s; the parties still negotiate who pays.

• Larimer — Agreement to Repair, 180 days. The seller completes permitted repairs, or the buyer assumes responsibility via an Agreement to Repair with repairs completed within 180 days of closing. Larimer Transfer of Title ↗
• Boulder — Agreement to Repair, 365 days (or 2 years to connect to sewer). Three paths: pass before closing, permit and repair before closing, or sign an Agreement to Repair with a 365-day repair deadline (or a 2-year deadline to connect to municipal sewer). Boulder Property Transfer ↗
• Douglas — Conditional Use Permit, 90 days (extendable to 12 months). If repairs can’t be done before the sale, the county issues a Conditional Use Permit when the buyer submits a notarized Agreement to Repair; repairs (or sewer connection) must be completed within 90 days, extendable up to 12 months for good cause. Douglas Use Permits ↗
• Arapahoe — Conditional Use Permit, 30 days after occupancy. A conditional Use Permit may issue when the buyer agrees to obtain a permit and complete repairs (or connect to a sanitation district) within 30 days of occupancy; an Agreement to Repair form is also available. Arapahoe Septic Systems ↗
• Broomfield — Conditional acceptance / conditional use permit, within 30 days of occupancy. A conditional acceptance document may issue if the buyer agrees to obtain a permit and complete repairs (or connect to a sanitation district) within the timeframe set by the county — the use-permit waiver clause specifies within 30 days of occupancy. Broomfield Septic Systems ↗
• El Paso — Notice of Condition / conditional document, 90 days (30 if a health hazard). If a component is malfunctioning the county issues a Notice of Condition; repairs must be completed within 90 days, or 30 days if an imminent health hazard exists. A conditional acceptance document can let the sale proceed with the buyer taking on the repair. El Paso OWTS regulation ↗
• Elbert — Provisional Use Permit, 30 days. You can close on a Provisional Use Permit; the parties agree who repairs and when, and repairs must be completed within 30 days. Once documentation is received the permit is revised to a final Use Permit. Elbert “I am selling my home” ↗
• **La Plata — Conditional Continued Use Permit
  • buyer’s Agreement to Repair.** If the system is malfunctioning or improperly permitted, apply for a Conditional Continued Use Permit, attaching the inspection report plus a signed buyers’ Agreement to Repair or Alter the OWTS documenting repairs the buyer will complete after closing. La Plata Septic Systems ↗
• Pueblo — Waiver of Acceptance Document, ~30–60 days. The county issues a Deficiency Document listing corrective actions. Alternatively it can issue a Waiver of Acceptance Document letting the buyer assume responsibility to bring the system into compliance, typically within 30–60 days after closing, with signatures from the parties. Pueblo “Selling Your House” ↗
• Gunnison — Conditional Acceptance Document, 90 days. The county may issue a Conditional Acceptance Document if the buyer agrees in writing to obtain a repair/alteration permit and complete all repairs within 90 days of closing. Gunnison Title Transfer ↗
• Mineral — Conditional acceptance, repairs within 90 days. If the inspector finds a deficiency, repairs must be completed within 90 days of submitting the inspection report (sooner if there’s an imminent health hazard such as surfacing sewage). A repair permit is required and a conditional acceptance document may issue in the interim. Mineral Transfer of Title ↗
• Park — Conditional Acceptance Document, county timeframe (leaking tanks 90 days). If the system doesn’t meet requirements the county may issue a Conditional Acceptance Document provided the buyer agrees to permit and complete repairs (or connect to a sanitation district) within the county-set timeframe; leaking tanks must be replaced within 90 days. (Park is flagged for verification — confirm current terms with the county.) Park Transfer of Title ↗
• Clear Creek — no conditional close; 30 days after transfer if it slips. A Use Permit is denied for a failed inspection — deficiencies must be fixed and proof of compliance provided before the permit issues. If title transfers without a Use Permit, the new owner must obtain one within 30 days of closing or face a Notice of Violation. Clear Creek Use Permit ↗
• Jefferson — fix first, or Waiver of Use Permit (Form 900). Any item marked “fail” (a critical item) must be corrected before the county issues a use permit; for failing systems the owner obtains a repair permit, and a Waiver of Use Permit for Failing Systems (Form 900) process exists. Jeffco Use Permit Program ↗
• Pitkin — expedited repair permit, no closing delay. If repairs are needed the required construction/repair permits are expedited so the process does not delay closing; once a construction permit is issued and the buyer agrees in writing to complete the repair within the permit timeframe, the Use Permit requirement is met. Pitkin OWTS ↗
• Summit — repairs required before the permit issues. In cases of malfunction, repairs are required prior to the Use Permit being issued; the inspection report notes whether repairs, full replacement, or further exploratory work is required. Summit OWTS Use Permits ↗
• Adams — malfunctioning systems must be repaired. Adams County’s published septic page requires repair of a malfunctioning system but does not detail a conditional-permit or agreement-to-repair path; confirm the failed-system process with the county directly. Adams Septic Systems ↗

Two counties in our data don’t spell out a failed-system path in the materials we verified — Gilpin (deficiencies must be repaired to comply; major repairs need a construction permit) and Lake (the system must be repaired or replaced if necessary, with conditional inspection and repair agreements available). For both, confirm the specific deadline with the county before you sign anything.

What to actually do in the next 24 hours

• Read the deadline, not just the form. “Conditional permit” sounds reassuring; the number of days attached to it is what you’re really agreeing to.
• Decide who signs and who pays — in writing. Most conditional paths put the repair obligation on the buyer. If the seller is agreeing to pay, that belongs in the contract, not a handshake.
• Get a repair estimate before you sign the agreement. The deadline is only survivable if a licensed installer can actually finish in time. Line that up first.
• Confirm the current rule at the county source. Regulations change; the linked county page is the authority, and your county’s county page carries its verified details and forms.

If you want a licensed inspector who has walked sellers through this exact moment — one who can tell you whether your county’s conditional path is realistic for your timeline — tell us your county below. Every county detail on this page was verified from official materials in July 2026; confirm the current terms at the linked source before you rely on them.