HB 609 — An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in general provisions relating to residential real property, further providing for definitions; and, in seller disclosures, further providing for application of chapter and providing for disclosure of construction defects.

PRINTER'S NO.   622

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 609
                                               Session of
                                                 2025

     INTRODUCED BY ISAACSON, BRENNAN, BURGOS, CEPEDA-FREYTIZ, CIRESI,
        DALEY, DONAHUE, FREEMAN, GIRAL, GREEN, HANBIDGE, HILL-EVANS,
        HOHENSTEIN, KENYATTA, KHAN, SANCHEZ AND STEELE,
        FEBRUARY 20, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        FEBRUARY 20, 2025


                                    AN ACT
 1   Amending Title 68 (Real and Personal Property) of the
 2      Pennsylvania Consolidated Statutes, in general provisions
 3      relating to residential real property, further providing for
 4      definitions; and, in seller disclosures, further providing
 5      for application of chapter and providing for disclosure of
 6      construction defects.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Section 7102 of Title 68 of the Pennsylvania
10   Consolidated Statutes is amended by adding definitions to read:
11   § 7102.    Definitions.
12      Subject to additional definitions contained in subsequent
13   provisions of this part which are applicable to specific
14   provisions of this part, the following words and phrases when
15   used in this part shall have the meanings given to them in this
16   section unless the context clearly indicates otherwise:
17      * * *
18      "Builder."    A person lawfully performing or furnishing the
 1   design, planning, supervision or observation of construction or
 2   construction of an improvement to real property.
 3      * * *
 4      "Construction defect."       A material defect that results from a
 5   deficiency in the design, planning, supervision or observation
 6   of construction or construction of an improvement to real
 7   property. The term includes a material defect that results from
 8   the use of defective building materials or from the improper
 9   installation of building materials.
10      * * *
11      Section 2.       Section 7302 of Title 68 is amended by adding a
12   subsection to read:
13   § 7302.    Application of chapter.
14      * * *
15      (a.1)    Application of disclosure of construction defects.--
16   Section 7303.1 (relating to disclosure of construction defects)
17   shall apply only to residential real property.
18      * * *
19      Section 3.       Title 68 is amended by adding a section to read:
20   § 7303.1.       Disclosure of construction defects.
21      (a)    Notification.--If a builder becomes aware of a
22   construction defect in an improvement to real property
23   constructed or facilitated by the builder, the builder shall
24   notify the owner of the real property. The builder shall also
25   notify the owner of any real property for which the builder
26   constructed or facilitated construction of an improvement if the
27   builder has reasonable cause to suspect the existence of a
28   substantially similar construction defect. The following shall
29   apply:
30             (1)    The notification shall include all of the following:

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 1                  (i)    A description of the construction defect or
 2            suspected construction defect.
 3                  (ii)    The reason that the builder knows or suspects
 4            that the construction defect exists.
 5                  (iii)    Contact information for the builder.
 6            (2)   The notification shall be made within 30 days after
 7      the builder knows or has reasonable cause to suspect that the
 8      construction defect exists.
 9            (3)   The builder shall provide the notification by
10      certified mail to the address of record for the owner of the
11      real property.
12            (4)   The notification is not required if at least 15
13      years have elapsed since completion of construction of the
14      defective improvement.
15            (5)   The notification shall not constitute evidence of
16      the builder's liability for the construction defect, nor
17      shall the notification relieve the builder from any liability
18      which may exist as the result of the construction defect.
19      (b)   Failure to comply.--A builder who willfully or
20   negligently fails to notify an owner of real property as
21   required by this section shall be liable for the amount of
22   actual damages suffered by the owner as a result of the
23   builder's failure to notify the owner. This subsection shall not
24   be construed to restrict or expand the authority of a court to
25   impose punitive damages or apply other remedies applicable under
26   another provision of law.
27      (c)   Statute of limitations.--An action for damages as the
28   result of a violation of this section must be commenced within
29   two years of the time that the owner of the real property
30   becomes aware of the builder's failure to comply with this

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1   section.
2      Section 4.   This act shall take effect in 60 days.




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