Pennsylvania guide

Coal Mining Subsidence Disclosure: BMSA Notice in PA Coal Regions

If you are buying a home in western Pennsylvania's coal belt, the seller must give you a written notice that the ground beneath the property could sink because of underground coal mining.

Reading as buyer.

TL;DR

If you are buying a home in western Pennsylvania's coal belt, the seller must give you a written notice that the ground beneath the property could sink because of underground coal mining. This Bituminous Mine Subsidence Act (BMSA) notice matters because someone else may own the coal rights, which can leave you with little legal protection if the surface later cracks or settles. Before you close, ask for a mineral rights search so you know exactly who owns the coal under your future home.

Before you start — 8 things to know

In Pennsylvania, if you are buying in a county where bituminous coal is or was mined, state law (52 P.S. §1406.14) requires the seller to give you a written notice that underground mining may cause the ground to sink, known as subsidence.
The coal under your future Pennsylvania home may be owned by someone other than the surface owner; if those coal rights were sold off long ago, you as the new surface owner may have little legal recourse if mining causes the ground to settle.
The Bituminous Mine Subsidence and Land Conservation Act (BMSA) covers 13 western Pennsylvania counties including Allegheny, Washington, Westmoreland, Fayette, Greene, Indiana, Cambria, Somerset, Armstrong, Beaver, Butler, Jefferson, and Lawrence, so if your home is in any of these counties the subsidence notice should be in your paperwork.
The Pennsylvania subsidence notice is a separate legal disclosure from the standard Seller's Property Disclosure Statement (SPDS), even though many Pennsylvania agents combine them into one packet; make sure you actually receive and read the subsidence-specific notice before signing.
You can look up mine map records for a specific Pennsylvania parcel through the PA Department of Environmental Protection (DEP) Bureau of Mining Programs, which keeps records of historic and active bituminous coal mines that may sit under the property.
As a buyer in a Pennsylvania coal county, you should ask your title company to run a mineral rights search in addition to the normal title search, because the regular title work does not always reveal whether coal rights beneath the home are severed.
Homeowners insurance usually does not cover damage from coal mine subsidence in Pennsylvania, so buyers in mining counties often need to add separate Mine Subsidence Insurance through the state-administered program before closing.
If the Pennsylvania seller fails to deliver the required BMSA subsidence notice, you as the buyer may have grounds to back out of the deal or pursue the seller after closing if subsidence damage later appears.

The timeline — step by step

Before you make an offer on a Pennsylvania home, check whether the property sits in one of the 13 bituminous coal counties (such as Allegheny, Washington, or Westmoreland) so you know to expect a BMSA subsidence notice.
When you receive the seller's disclosure packet in Pennsylvania, confirm the BMSA coal mine subsidence notice is included and read it carefully before signing the purchase agreement.
During your due diligence period in Pennsylvania, ask the title company to perform a mineral rights search to confirm whether the coal rights under the home have been severed from the surface estate.
Look up the parcel in the Pennsylvania DEP mine map records to see if any historic or active bituminous coal mines run beneath the property; this is free public information through the Bureau of Mining Programs.
Before closing on a home in a Pennsylvania coal county, apply for Mine Subsidence Insurance through the state-administered program because standard homeowners policies exclude this damage.
At the closing table in Pennsylvania, keep a signed copy of the BMSA subsidence notice in your records so you can prove what the seller disclosed if the ground later shifts.

Common questions

What is the BMSA notice I keep seeing on my Pennsylvania home purchase paperwork?

It is the disclosure required by Pennsylvania's Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §1406.14), which tells you the home is in a coal mining region and that underground mining could cause the surface to sink.

Do I really need a separate mineral rights search if I'm buying in western Pennsylvania?

Yes, in western Pennsylvania coal counties a mineral rights search is a standard extra step because the coal beneath your future home may be owned by a mining company, and a regular title search does not always uncover that.

Which Pennsylvania counties trigger the bituminous coal mining subsidence disclosure?

The BMSA covers 13 western Pennsylvania counties: Allegheny, Armstrong, Beaver, Butler, Cambria, Fayette, Greene, Indiana, Jefferson, Lawrence, Somerset, Washington, and Westmoreland.

Will my regular homeowners insurance cover damage if the ground under my Pennsylvania home sinks because of coal mining?

No, standard homeowners insurance in Pennsylvania does not cover coal mine subsidence damage, so buyers in coal counties should buy separate Mine Subsidence Insurance through the state program before closing.

What happens if the seller never gives me the Pennsylvania coal subsidence notice?

If a Pennsylvania seller skips the required BMSA subsidence notice, you may have legal grounds to cancel the deal before closing or sue the seller afterward if subsidence damage later shows up on the property.

How do I check if old coal mines run under my Pennsylvania home?

You can check the Pennsylvania Department of Environmental Protection Bureau of Mining Programs mine map records, which show historic and active bituminous coal mine locations for specific parcels.

Sources

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