Key Takeaways

  • Lead-based paint disclosure is required for all pre-1978 residential properties (federal requirement)
  • Radon disclosure is recommended; Pennsylvania has high radon levels in many areas
  • Underground storage tank disclosure is required if seller has knowledge
  • Pennsylvania has specific requirements for on-lot sewage systems (septic)
  • Real estate auctions in Pennsylvania have specific licensing and conduct requirements
Last updated: January 2026

Pennsylvania Environmental Issues and Special Topics

Environmental concerns and special topics are important for Pennsylvania real estate transactions.

Lead-Based Paint

Federal Requirement

For all pre-1978 residential properties:

RequirementDetail
DisclosureSeller must disclose known lead hazards
PamphletProvide EPA "Protect Your Family From Lead"
Inspection opportunity10-day period (can be waived)
RecordsProvide any lead testing reports

Pennsylvania Lead Disclosure

Pennsylvania sellers must also:

  • Include lead disclosure in Seller Disclosure Statement
  • Disclose known lead-based paint or hazards
  • Provide opportunity for testing

Radon

Radon in Pennsylvania

Pennsylvania has some of the highest radon levels in the nation:

FactDetail
What is radonRadioactive gas from soil
Health riskLung cancer
EntryThrough foundation, cracks, gaps
TestingRecommended for all homes

Radon Disclosure

RequirementStatus
Federal requirementNone
Pennsylvania requirementInclude in Seller Disclosure
Best practiceDisclose any known test results

Important: While Pennsylvania doesn't mandate radon testing, known results should be disclosed. Many buyers test as part of inspections.

Underground Storage Tanks (USTs)

Disclosure Requirements

RequirementDetail
Known tanksMust disclose in Seller Disclosure
Removed tanksShould disclose if known
ContaminationMaterial fact requiring disclosure
Heating oil tanksCommon in Pennsylvania

Liability Considerations

  • Current and former owners may be liable for contamination
  • Remediation can be expensive
  • Environmental assessments recommended

On-Lot Sewage Systems

Pennsylvania Sewage Facilities Act

Pennsylvania has specific requirements for on-lot (septic) systems:

RequirementDetail
DisclosureMust disclose type of sewage system
PermitsRequired for new systems and repairs
InspectionsMany municipalities require inspection at sale
MalfunctionsMaterial fact requiring disclosure

Types of Systems

SystemDescription
Public sewerConnected to municipal system
Septic systemOn-lot tank and drain field
Holding tankRequires pumping
Alternative systemsVarious approved technologies

Water Supply

Disclosure Requirements

Supply TypeDisclosure
Public waterNote in Seller Disclosure
Private wellDisclose, testing recommended
Water quality issuesMust disclose if known

Well Water Testing

  • Recommended before purchase
  • Test for bacteria, minerals, contaminants
  • May be required by lender

Real Estate Auctions

Licensing Requirements

RequirementDetail
Auctioneer licenseRequired for conducting auctions
Real estate licenseMay also be required for real property
DisclosureAuction terms must be disclosed

Auction Types

TypeDescription
Absolute auctionSells to highest bidder regardless of price
Reserve auctionSeller can reject if price too low
Minimum bidStarting bid established

Condominiums and Cooperatives

Pennsylvania Uniform Condominium Act

RequirementDetail
Resale disclosureSeller must provide condo documents
Review periodBuyer has 5 days to review
HOA informationFees, rules, financial status
Right to cancelWithin review period

Cooperative Housing

FeatureConsideration
OwnershipStock in corporation
ApprovalBoard approval often required
FinancingDifferent from traditional mortgages
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Pennsylvania Environmental Disclosures
Test Your Knowledge

What is unique about radon levels in Pennsylvania?

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Test Your Knowledge

Under the Pennsylvania Uniform Condominium Act, how long does a buyer have to review condominium documents?

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