The Pennsylvania Home Inspection Law, which became effective December 20, 2001, regulates certain aspects of the performance of home inspections in order to increase professionalism throughout the home inspection industry. Until now, Pennsylvania has had no statutory provisions regulating the performance of home inspections or requiring a certain level of professionalism by home inspectors. This Guide is provided as a courtesy of the Pennsylvania Association of REALTORS® to help you determine if a given home inspector is in compliance with the Law.

In general, the Home Inspection Law applies to any "residential real estate transfer," which is defined as a transfer of one to four residential dwelling units. Note that new construction is not excluded from the scope of the Home Inspection Law, nor is a mixed-use commercial transaction involving one to four residential dwelling units. There are eight exceptions to this general rule; ask your REALTOR® for more specific information.

A home inspection is "a noninvasive visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and essential components of a residential dwelling designed to identify material defects in those systems and components and performed for a fee in connection with or preparation for a proposed or possible residential real estate transfer. The term also includes any consultation regarding the property that is represented to be a home inspection or that is described by any confusingly similar term."
A Full Home Inspection Includes (when accessible):

1. Roof, vents, flashings, and trim,
2. Gutters and downspouts,
3. Skylight, chimney and other roof penetrations,
4. Decks, stoops, porches, walkways, and railings,
5. Eaves, soffit and fascia,
6. Grading and drainage,
7. Basement, foundation and crawlspace,
8. Water penetration and foundation movement,
9. Heating systems, Cooling systems,
10. Main water shut off valves,
11. Water heating system, Interior plumbing fixtures and faucets,
12. Drainage sump pumps with accessible floats,
13. Electrical service line and meter box,
14. Main disconnect and service amperage,
15. Electrical panels, breakers and fuses,
16. Grounding and bonding,
17. GFCIs and AFCIs,
18. Fireplace damper door and hearth,
19. Insulation and ventilation,
20. Garage doors, safety sensors, and openers,
21. COMPLETE wood destroying organism inspection (WDO)
22. And much more...

A home inspector may conduct any property examinations and engage in any other activities such as a real estate appraisal or a radon inspection, that are excluded from the definition of home inspection, for which they are qualified and properly licensed.

In general, any home inspector (defined as "an individual who performs a home inspection") may conduct a home inspection. HOWEVER, where the inspection is conducted as part of a contingency in an Agreement of Sale (i.e., where the results of the inspection may trigger certain duties to repair or renegotiate), the inspection must be conducted by "a full member in good standing of a national home inspection association" or by an inspector that is supervised by a full member who signs the inspection report.

A material defect is "a problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of a normal useful life of such a structural element, system or subsystem is not by itself a material defect." (For example, a 21-year-old roof with a 20-year warranty is not considered a "material defect" just because of its age.)

For legal protection, a buyer should always require that the home inspector verify - in writing - their membership in a national home inspection association. PAR has worked with home inspectors to develop a Pennsylvania Home Inspector Compliance Statement that inspectors can use to verify their membership.

The term does not include "an examination of a single system or component of a residential dwelling such as, for example, its electrical or plumbing system or its roof. The term also does not include an examination that is limited to inspection for, or of, one or more of the following: wood destroying insects, underground tanks and wells, septic systems, swimming pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and environmental hazards."

A contract with a home inspector will include the scope of a home inspection, the services to be performed, and the systems and conditions to be inspected or excluded from inspection. A contract with a home inspector may not contain a limitation on the liability of the home inspector for gross negligence or willful misconduct, or a waiver or modification of any provision of the law.

A home inspection report must be in writing and include: (1) a description of the scope of the inspection with an identification of the structural elements, systems and subsystems covered in the report; and (2) a description of the material defects noted during the inspection with the recommendation that certain experts be retained to determine the extent of the defects and any corrective action that should be taken.

A certified home inspector may not express an estimate of the cost to repair any defect found during a home inspection. However, an estimate may be included in the home inspection report if: (1) the report identifies the source of the estimate; (2) the estimate is stated as a range of costs; and (3) the report states that the parties should consider obtaining an estimate from a contractor who performs the type of repair involved.

Unless otherwise required by law, a home inspector may not deliver a report to anyone other than the inspector's client without the client's consent. A seller has the right, upon request, to receive without charge a copy of the home inspection report from the person for whom it was prepared.

Home inspectors and their employers may not: (1) Offer to perform for a fee, any repairs on the property for which the inspector has prepared a home inspection report in the last year. (2) Inspect, for a fee, any property in which the inspector has any interest unless the interest is disclosed in writing and acknowledged by the buyer before the home inspection is performed. (3) Offer any compensation to a seller or to any agent for a referral to the inspector. (4) Perform a home inspection where the fee is contingent upon the content of the report, or the closing of the transaction.

A home inspection is a service subject to the Unfair Trade Practices and Consumer Protection Law. Certain provisions of the Home Inspection Law can be enforced by filing a complaint with the Bureau of Consumer Protection of the Office of the Attorney General. (NOTE: Violations of other provisions of the Law, such as failing to maintain insurance or providing a false "written representation" of Association membership are punishable by criminal penalties.)  Although the Law contains certain civil and criminal enforcement penalties, the Law is primarily self-enforcing. That is, there is no governmental body regulating the behavior of home inspectors, and it will be up to consumers and their REALTORS® to make sure the provisions of the Law are being complied with. Information on filing a complaint with the Pennsylvania Attorney General's Office.