Section 64.08 - Certificate of Compliance760 CMR 64.08 contains standards and procedures for the issuance by the Department of a Certificate of Compliance, in accordance with M.G.L. c. 40T, § 9.
(1) An Owner and/or a Third Party Purchaser may individually or jointly seek a Certificate of Compliance from the Department, confirming compliance with M.G.L. c. 40T, §§ 2 through 4, and/or with 760 CMR 64.00, only with respect to one of the following events:(a) the Department and its Designee have waived their rights of offer either by written communication or by failing to submit a timely offer to the Owner, as set forth in M.G.L. c. 40T, § 3(c);(b) The original Owner proposes to complete or has completed a Sale to a Third Party Purchaser (who shall upon completion of the Sale be deemed the Owner for purposes of 760 CMR 64.08 ); or(c) The original Owner proposed to complete or has completed a Sale to a Designee (who shall upon completion of the Sale be deemed the Owner for purposes of 760 CMR 64.08 ).(2)Submission of Request to Department. The applicant(s) shall individually or jointly, as the case may be, submit a written request for a Certificate of Compliance in a form and with such documentation as required by the Department in guidance to establish the compliance to the satisfaction of the Department.(3)Process for Department's Review.(a) The provisions of 760 CMR 64.07(3)(a), (b), (c), and (f) as to Certificates of Exemption shall apply to Certificates of Compliance.(b) In the event that the Owner and a Third Party Purchaser have executed a Purchase Contract but have not yet completed the Sale, the Owner and the Third Party Purchaser may jointly submit a written request to the Department for a Preliminary Certificate of Compliance in a form and with such documentation as required by the Department in guidance. The provisions of 760 CMR 64.07(3)(d)2. as to requesting a Final Certificate of Exemption after receipt of a Preliminary Certificate of Exemption shall apply to requesting a Final Certificate of Compliance after receipt of a Preliminary Certificate of Compliance.(c) A new Owner may seek a Final Certificate of Compliance after the completion of a Sale, without having previously obtained a preliminary Certificate of Compliance. In such case the procedures set forth as to Final Certificates of Exemption in 760 CMR 64.08(3)(e) 1. shall apply.(4)Standards for Department's Review. For the purposes of 760 CMR 64.08(l)(b), the Department shall, as applicable, take into consideration the factors set forth in 760 CMR 64.06(3) and any applicable guidance issued in regard thereto in making a determination as to whether a Sale to a Third Party complied with the provisions of M.G.L. c. 40T and 760 CMR 64.00.(5) A final Certificate of Compliance shall be filed by the Owner with the registry of deeds or the registry district of the land court of the county in which the real property is located within one year after the date of the Certificate's issuance. Any rescission of a Certificate of Compliance by the Department shall be so filed by the Department.Amended by Mass Register Issue 1320, eff. 8/26/2016.Amended by Mass Register Issue 1332, eff. 8/26/2016.