Flood Disclosure and Radon Rules for New Jersey Basements
Two New Jersey rules shape what happens before and after basement waterproofing: the flood risk disclosure that sellers and landlords now make, and the state's requirement that radon work be done by certified businesses. Knowing both helps you decide what to fix, what to test and what records to keep.
What sellers must now disclose
Flood risk legislation signed by Governor Murphy in June 2023 added a Flood Risk section to New Jersey's Seller's Property Condition Disclosure Statement, used from March 20, 2024. Sellers must say whether the property is in FEMA's Special Flood Hazard Area (the 100-year floodplain) or the Moderate Risk Flood Hazard Area (the 500-year floodplain).
They must also say whether the property has had flood damage or pooled water due to heavy rainfall or another natural flood event, and whether a federal requirement to carry flood insurance applies. A basement that took on water in a storm is part of that answer.
Landlords and tenants
New Jersey landlords must notify tenants in writing about flood risk before a lease is signed or renewed, using the Department of Community Affairs' model notice and answering yes, no or unknown based on what they actually know.
Checking your own address
NJDEP's Flood Risk Notification Tool, linked from flooddisclosure.nj.gov, lets you search a mailing address and see whether the property overlaps a FEMA flood hazard area. It's worth checking before a contractor proposes exterior work or a new discharge route.
Radon: who may test and fix it
NJDEP has required certification for radon testing and mitigation businesses since May 13, 1991. Homeowners may test their own homes. NJDEP's guidance is that homes at 4 pCi/L or more should be mitigated, and it notes there is no truly safe level.
Its 2015 tier report shows how uneven the risk is: Princeton had 4,261 of 12,615 tested homes at or above 4 pCi/L, about 34%, while Hamilton Township in the same county had about 7%.
A records checklist for New Jersey homeowners
- The written waterproofing contract, with the contractor's registration number
- Invoices and the warranty, including whether it transfers to a buyer
- Dates of any flooding or pooled water, with photos
- Radon test results before and after the work
- Any permits and final inspections from the municipality
Disclosure and radon questions
Do I have to disclose a basement that flooded once?
New Jersey's disclosure form asks whether the property has had flood damage or pooled water from heavy rain or another natural flood event. Answer accurately and keep records of the repair.
When did New Jersey's flood disclosure start?
Sellers began using the updated disclosure form on March 20, 2024, under legislation signed in June 2023.
Can my waterproofing contractor do my radon test?
Only if the business is NJDEP-certified for radon measurement. You may also test your own home.
Work these rules touch
- Interior Drainage and Sump Pumps
- Exterior Foundation Waterproofing
- Crawl Space Encapsulation
- All basement waterproofing services
Estimates by area
Sources
Want the water problem fixed and documented?
One participating New Jersey contractor can inspect, price the work and give you paperwork worth keeping for a future sale. No obligation.
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