Comments on: Massachusetts Title 5 Bedroom Count Deed Restriction

By: Bill Gassett

Bill Gassett — Sat, 08 Jun 2013 17:10:23 +0000

Hi Aaron – you should check with your town on the deed restriction. Not every town will do it.

By: Aaron

Aaron — Fri, 07 Jun 2013 15:55:16 +0000

Hi,

Thanks for the article. Do you if this deed restriction is still an option in MA?

It would allow me to finish my basement which would be the tenth room on a four bedroom septic.

If it is available, do I file it with the town (Ipswich) or the state?

Thanks in advance.

-Aaron

By: Bill Gassett

Bill Gassett — Tue, 10 Jul 2012 19:49:33 +0000

Hi Nabila – Unless you increase the capacity of your septic system I do not think there is anything you can do about the restriction.

By: Nabila

Nabila — Tue, 10 Jul 2012 19:25:29 +0000

I have a 2 bedroom restriction. I bought my house six years aga and it has total eight/nine (depending how u look my house) room. I am trying to sell my house as we are moving from MA and having a real hard time with this restriction. Your article really give me a good insight. can you tell me what should i do (which doesn’t cost a fortune) to sell it. what are my options?
thanks

By: Bill Gassett

Bill Gassett — Sat, 02 Jun 2012 19:05:30 +0000

Anthony the article answers your question. Here is the excerpt: “When calculating bedroom count one of the rules of calculation is to take the number of rooms in the home and divide that by two.

For example, a proposed “game room” addition to a nine room, 4-bedroom house will create the tenth room of a house. Per Title 5, the number of bedrooms is calculated as: 10 rooms divide by 2 equals 5-bedrooms.

A deed restriction can be used so that a building permit may be issued for homes that exceed the approved septic design flow based on the total room count. The intention of the deed restriction is to resolve the possible conflicting Title 5 definition of a bedroom to the actual bedroom count.

This deed restriction is not intended for construction that will actually increase the bedroom count beyond the approved design.”

By: Anthony

Anthony — Sat, 02 Jun 2012 18:51:38 +0000

What does a deed restriction mean exactly? If you have less than a 3 bedroom septic you need a deed restriction to say the house can only have 2 bedrooms, no? But a house with a 3 bedroom septic can only have 3 bedrooms. So basically what I’m asking is what is the point of the deed restriction, as the house can only have the number of bedrooms that it’s septic can handle.

By: Bill Gassett

Bill Gassett — Tue, 22 Nov 2011 19:46:33 +0000

Hi Greg – A 4 bedroom septic system will typically have a 1500 gallon tank.

By: Greg

Greg — Tue, 22 Nov 2011 18:24:51 +0000

What is the appropriate size tank for a 4 bedroom home?
Thank you