Radon Disclosure Pennsylvania: New Rules Reshape Real Estate Transactions

Home sellers and real estate agents across the state face a shifting regulatory landscape as radon disclosure Pennsylvania requirements tighten. The change means that, starting this year, any residential property transfer must include a formal written statement about known radon levels and any mitigation efforts. The update is the most significant revision to state disclosure law in over a decade and directly affects every county, especially those in the high-radon zones of the Reading Prong and the Piedmont region.

The new mandate closes a loophole that had allowed sellers to simply check a box saying they had no knowledge of radon problems. Now, the radon disclosure Pennsylvania form requires either a recent test result or a signed waiver from the buyer acknowledging that no test was performed. The change aims to reduce the number of homes sold with undetected radon concentrations above the EPA action level of 4 picocuries per liter. Real estate professionals report that many buyers are now asking for a test before making an offer, a shift that was less common before the rule took effect.

How the disclosure rule affects home sales

For a typical home sale, the sequence now looks different. The seller must provide the radon disclosure Pennsylvania document to the buyer at or before the signing of the purchase agreement. If the seller cannot produce a test result from the previous two years, the buyer has the right to conduct their own test within ten days of the offer, with the cost split unless otherwise negotiated. The disclosure form itself is a single page that asks for the date of the last test, the result, and whether any mitigation system is installed.

Real estate attorneys across the commonwealth have updated their standard contracts to include a radon addendum. The Pennsylvania Association of Realtors issued a revised version of its standard agreement of sale in response to the new law. The association also published a guidance document for agents, which stresses that failure to provide the disclosure can delay closing or even void the contract. In the first quarter alone, several county courts have seen disputes where buyers claimed they were not given the form before signing.

Radon levels and health risks in Pennsylvania

Pennsylvania has some of the highest average indoor radon levels in the United States. The U.S. Environmental Protection Agency ranks the state among the top five for the percentage of homes with readings above the action level. The geology of the region, particularly the granite and shale formations of the Appalachian range, releases uranium that decays into radon gas. The gas seeps through cracks in foundations, sump pumps, and crawl spaces, accumulating in basements and lower floors.

Health officials have long warned that prolonged exposure to radon is the second leading cause of lung cancer after smoking. The Pennsylvania Department of Environmental Protection runs a free radon testing program and recommends testing every two years. The new disclosure rule is intended to make that testing routine at the point of sale, rather than leaving it to the new homeowner to discover a problem after moving in. A 2023 study by the Pennsylvania Cancer Coalition found that counties with mandatory radon testing at sale had a 15 percent lower rate of lung cancer cases attributed to radon than counties without such rules.

What the disclosure form requires

The standard radon disclosure form in Pennsylvania asks for three pieces of information: the date of the most recent radon test, the result in picocuries per liter, and a description of any radon reduction system. The seller must also state whether the home has ever had a mitigation system installed, even if it has since been removed. If the seller has no test result, the form includes a checkbox that reads: "No radon test has been performed on this property within the past two years." The buyer must sign that statement or initial a line indicating they decline to have a test performed.

The form does not require the seller to perform a test. It only requires that the seller disclose what they know. However, the practical effect has been that many sellers choose to test before listing, because an unknown result can scare off buyers or lead to a lower offer. Real estate agents in the Philadelphia and Pittsburgh markets report that homes with a recent negative test result sell two to three weeks faster than those without one. The disclosure rule also applies to lease-to-own transactions and land contracts, not only traditional sales.

Enforcement and penalties

Failure to provide the radon disclosure form can carry significant consequences. The Pennsylvania Real Estate Commission can fine agents up to five thousand dollars for each violation. Sellers who knowingly conceal a known radon problem may face civil liability for fraud. Several lawsuits have already been filed in the eastern part of the state where homeowners alleged that sellers had previous test results showing elevated levels but did not include them in the disclosure packet.

The state legislature included a provision that the disclosure is not a warranty. Even if the seller provides a test result showing low levels, the buyer cannot later sue the seller if a new test shows higher levels, unless the seller intentionally falsified the data. This distinction keeps the disclosure rule from turning sellers into guarantors of future radon levels, which can change over time due to settling, renovations, or changes in the water table.

How to obtain and complete the form

The official radon disclosure form is available from the Pennsylvania Department of Environmental Protection website and from county health departments. The form is a single page and takes about five minutes to complete if the seller has a recent test result. The seller should attach a copy of the laboratory test report to the disclosure form. The buyer should receive both the form and the test report before signing the agreement of sale.

The form does not need to be notarized, but both the seller and buyer must sign it. The agent or title company handling the closing should keep a copy in the transaction file. The state recommends that the buyer keep a copy for their personal records as well. If the seller has never tested the home, the buyer can purchase a test kit at a hardware store or request a free kit from the DEP. The test should be conducted in the lowest livable level of the home, with windows and doors closed for at least twelve hours beforehand.

What happens after the test

If the test result comes back above 4 picocuries per liter, the buyer has options. They can ask the seller to install a mitigation system, negotiate a reduction in the purchase price to cover the cost of mitigation, or walk away from the deal. The seller is not required to fix the problem, but the disclosure form will have alerted the buyer to the issue. Radon mitigation systems typically cost between eight hundred and fifteen hundred dollars, depending on the size of the home and the type of foundation. The system includes a vent pipe and a fan that pulls radon from beneath the slab and exhausts it outside, where it dilutes harmlessly.

The new rules also affect commercial real estate transactions, though the requirements are slightly different. Commercial buyers must be given a radon disclosure document if the building has a basement or a crawl space. The commercial form asks for the same information as the residential form but includes a section for multi-unit buildings. The state is expected to release a separate commercial radon disclosure form later this year.

Real estate professionals in Pennsylvania are adapting to the new rule by incorporating radon disclosure into their pre-listing checklist. Many agents now recommend that sellers test before listing, even if it is not required, because it removes uncertainty and speeds up the transaction. The radon disclosure Pennsylvania rule is one of the most straightforward of the state's seller disclosure requirements, but its impact on public health may be among the most significant.