Are home inspections required in New York?

No. New York law does not require a buyer to have a home inspection, though a purchase contract can make one a condition of the sale. Whether to get one is your decision.

What New York does regulate is the inspector. Home inspectors are licensed by the State, and Title 19 NYCRR Part 197 sets a legal minimum for what an inspection must cover and what the report must say. So the inspection is optional; for the homes the law covers, the standard a licensed inspector is held to is not.

Home inspection requirements in New York

The requirements in New York law fall on the inspector, not on the buyer. Under Article 12-B of the Real Property Law, no one may conduct a home inspection for pay, or claim to be able to, unless they hold a home inspector license. The exceptions are narrow: an architect or engineer working within their own profession, a government code enforcement official doing that job, and a trainee doing the supervised inspections needed to qualify (RPL §444-d).

The license is issued by the New York Department of State. The standard route is an approved course of at least 140 hours, 40 of them supervised field inspections, then the state or national home inspector exam, plus proof of liability coverage of at least $150,000 per occurrence and $500,000 in aggregate. A license runs for two years, and renewal takes 24 hours of approved continuing education.

The law also says what a home inspection is: observing and reporting in writing on the systems and components of a residential building, including heating, cooling, plumbing, electrical, structure, foundation, roof, masonry, and exterior and interior components. It does not include an inspection for radon or pests (RPL §444-b). The system-by-system minimum is in the Department of State's standards at 19 NYCRR Part 197.

And it sets the inspector's duties (RPL §444-g). The duty is to the client. The written report must reach the client within five business days, must say which systems and components were observed, and is confidential without the client's consent. The license number must appear on every report and in all advertising. The inspector may not pay a referral fee to the seller or to either side's agent, may not take a job whose pay depends on the findings or on the sale closing, and may not offer, for an extra fee, to repair a system or component covered by the standards in a house they have reported on before the sale closes.

Why buyers still get one

A mortgage appraisal is not an inspection. The FHA says so on its own consumer form, For Your Protection: Get a Home Inspection: an appraisal estimates the home's value for the lender and does not replace a home inspection, and an inspection only happens if you arrange one. The same form notes that if you request an inspection early, you may be able to make your purchase contract contingent on its results. Whether your contract does is a question for your attorney before you sign.

The seller's disclosure is not an inspection either. Sellers of most one- to four-family houses must give the buyer a signed Property Condition Disclosure Statement before the buyer signs a binding contract (RPL §462). It covers only what the seller actually knows, and the form itself says it is not a warranty, not a substitute for any inspections or tests, and that the buyer is encouraged to obtain independent professional inspections.

Some purchases come with no disclosure statement at all. The law's definition leaves out condominium units and cooperative apartments, and RPL §463 exempts certain transfers, including foreclosure sales, sales by an executor or trustee, and newly built homes never lived in. For an apartment, see whether a co-op or condo needs an inspection.

A brand-new house is a separate case again: Article 12-B's definition of a residential building excludes a structure newly constructed or not previously occupied as a dwelling. If you are buying new, ask the inspector what standard they will work to.

This is general information, not legal advice: the section numbers are there so you or your attorney can read the text. If you decide to inspect, what a home inspection costs in New York is the next question.

A real photograph from one of Lou’s own inspections, chosen because it shows a building component and nothing that identifies a property or an owner.