Connecticut transfer act summary

Connecticut Department of Energy & Environmental Protection

Property Transfer Program

The Property Transfer Law requires the disclosure of environmental conditions when certain properties and/or businesses ("establishments") are transferred. When an establishment is transferred, one of four Property Transfer Forms must be completed, signed, executed and filed with DEEP, per Sections 22a-134 through 22a-134e of the Connecticut General Statutes. The Property Transfer Law also requires that a party signing the Property Transfer Form certification agrees to investigate the parcel and remediate pollution caused by any release of a hazardous waste or hazardous substance from the establishment.

• Adjusting the area requiring investigation and cleanup from the entire parcel to the environmental footprint of a business subject to the Act for parcels with multiple tenants.
• Limiting Transfer Act applicability for units in a common interest community to the specific establishment unit, the limited common elements and associated common area of an industrial condominium used or occupied by the establishment unit.
• Increasing the threshold for Transfer Act applicability for the transfer of interest in a business from 40% to over 50%.

1. The Public Act compels DEEP’s Commissioner to make an audit or no audit decision within one year of submittal of a LEP verification; and
2. The Public Act contains a new exclusion from the definition of establishment:

Prescribed Forms for Property Transfer Filings and LEP Verification

New procedures: Send the Property Transfer Fee Payment Form with the fee to DEEP, CPPU, 79 Elm St., Hartford, CT 06106-5127.

Within 10 days of the transfer, upload to the Secure File Transfer (SFT) website the property transfer form and attachments in the following order:

• The Electronic Document Transmittal Form
• The Property Transfer Form with a copy of the PTP Fee Form and Assessor’s map
• The ECAF, if required
• The Verification Form, appendices, and Verification Report (Verification), if required
• Additional reports not previously submitted to DEEP and referenced in the ECAF, if applicable Forms that Must Accompany Each Transfer of Establishment:

• Electronic Document Transmittal Form – must be the cover page
• Property Transfer Fee Payment Form – send to DEEP CPPU with payment.
• Environmental Condition Assessment Form (ECAF) and Instructions (except Form II)

The ECAF and Instructions were revised in March 2023. ECAFs are required to be on the new form after May 31, 2023.

Transmittal Forms for Property Transfer Milestones, Requests, and Notices

Electronic Document Transmittal Form – must be the cover sheet for all submittals, including COI and RAP Transmittal Forms.

• Completion of Investigation Transmittal Form and Instructions
• Remedial Action Plan Transmittal Form and Instructions
• Transmittal of Documents

Additional Information

Content Last Updated August 30, 2023

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