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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7102 of Title 68 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 7102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Builder." A person lawfully performing or furnishing the
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18 design, planning, supervision or observation of construction or
construction of an improvement to real property.
* * *
"Construction defect." A material defect that results from a
deficiency in the design, planning, supervision or observation
of construction or construction of an improvement to real
property. The term includes a material defect that results from
the use of defective building materials or from the improper
installation of building materials.
* * *
Section 2. Section 7302 of Title 68 is amended by adding a
subsection to read:
§ 7302. Application of chapter.
* * *
(a.1) Application of disclosure of construction defects.--
Section 7303.1 (relating to disclosure of construction defects)
shall apply only to residential real property.
* * *
Section 3. Title 68 is amended by adding a section to read:
§ 7303.1. Disclosure of construction defects.
(a) Notification.--If a builder becomes aware of a
construction defect in an improvement to real property
constructed or facilitated by the builder, the builder shall
notify the owner of the real property. The builder shall also
notify the owner of any real property for which the builder
constructed or facilitated construction of an improvement if the
builder has reasonable cause to suspect the existence of a
substantially similar construction defect. The following shall
apply:
(1) The notification shall include all of the following:
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30 (i) A description of the construction defect or
suspected construction defect.
(ii) The reason that the builder knows or suspects
that the construction defect exists.
(iii) Contact information for the builder.
(2) The notification shall be made within 30 days after
the builder knows or has reasonable cause to suspect that the
construction defect exists.
(3) The builder shall provide the notification by
certified mail to the address of record for the owner of the
real property.
(4) The notification is not required if at least 15
years have elapsed since completion of construction of the
defective improvement.
(5) The notification shall not constitute evidence of
the builder's liability for the construction defect, nor
shall the notification relieve the builder from any liability
which may exist as the result of the construction defect.
(b) Failure to comply.--A builder who willfully or
negligently fails to notify an owner of real property as
required by this section shall be liable for the amount of
actual damages suffered by the owner as a result of the
builder's failure to notify the owner. This subsection shall not
be construed to restrict or expand the authority of a court to
impose punitive damages or apply other remedies applicable under
another provision of law.
(c) Statute of limitations.--An action for damages as the
result of a violation of this section must be commenced within
two years of the time that the owner of the real property
becomes aware of the builder's failure to comply with this
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30 section.
Section 4. This act shall take effect in 60 days.
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