Buying or selling a home in Berkeley comes with a thick stack of disclosures. If the alphabet soup of TDS, SPQ, and NHD feels intimidating, you are not alone. These documents are designed to reduce surprises, set clear expectations, and help you price risk. In this guide, you will learn what each disclosure covers, which local issues matter most in the East Bay, what to expect from pre-listing inspections, and how to read reports like a pro. Let’s dive in.
Core California disclosures
Transfer Disclosure Statement (TDS)
The TDS is the seller’s written statement of known material facts about the property’s condition. It exists to make sure buyers get a clear picture of what the seller actually knows. The legal requirement comes from California Civil Code sections on transfer disclosures.
On the TDS, sellers report things like roof leaks, past repairs, water intrusion, electrical or plumbing issues, environmental hazards known to the seller, and any disputes or claims. The TDS focuses on known conditions. It does not require a seller to open walls or conduct new testing, though many Berkeley sellers choose to pre-inspect so buyers have more certainty up front.
Seller Property Questionnaire (SPQ)
The SPQ is a detailed questionnaire that most listing agents ask sellers to complete. It is not a legal substitute for the TDS. Instead, it prompts sellers to share specifics about easements, utility issues, additions, permits, pests, neighborhood conditions, and more. Because it is more itemized, the SPQ can clarify what the seller knows, what they do not, and where you may want deeper inspection. Industry-standard versions are widely used across California, including in the Oakland–Hayward–Berkeley area.
Natural Hazard Disclosure (NHD)
The NHD is a mapping and notice report that flags whether a property lies in one or more designated hazard zones. The requirement comes from California Civil Code sections on natural hazard disclosures. Third-party companies usually compile the maps and data for the seller.
Typical flags include FEMA flood zones, state earthquake fault and seismic hazard zones, very high fire hazard severity zones, and dam inundation areas. If you see a flag, treat it as an indicator to get more information. For example, an NHD flood flag points you to the FEMA Flood Map Service Center for details, a fire hazard flag points you to Cal Fire resources and maps, and fault or seismic hazard flags point you to the California Geological Survey maps portal. An NHD does not quantify risk or prescribe fixes by itself. It tells you where to look next.
Other common forms and notices
- Lead-based paint: For homes built before 1978, sellers provide an EPA/HUD pamphlet and disclose any known lead hazards. Learn more at the EPA’s lead information page.
- HOA documents: If the home is part of an HOA, buyers receive required association documents like CC&Rs, financials, and rules during escrow.
- Wood-destroying organism (WDO) reports: Many transactions include a structural pest inspection. Licensing and standards are overseen by the California Structural Pest Control Board.
- Megan’s Law notice and special taxes or assessments: Standard forms often include a notice about checking statewide registries and disclosures of known special district assessments.
East Bay and Berkeley specifics
Sewer laterals and video scopes
Much of Berkeley and nearby East Bay housing stock sits on older sewer laterals. That is why sewer-scope video inspections are common. Some Bay Area municipalities have time-of-sale requirements or programs for sewer lateral compliance. Because local rules can change, check the City of Berkeley and Alameda County websites for current details. In practice, many sellers order a sewer scope before listing and share the video and report with buyers.
Fire risk and defensible space
Northern and hillside areas near Berkeley can be in elevated wildfire hazard zones. The NHD typically flags this, and you can review maps and guidance on Cal Fire’s site. If a property is in a higher fire severity zone, discuss defensible space, vegetation management, and insurance availability with your agent and insurers.
Earthquake and local structural considerations
Berkeley is in an active seismic region. If a property falls within an Alquist-Priolo Earthquake Fault Zone or a state-mapped liquefaction or landslide zone, the NHD will flag it. You can verify maps through the California Geological Survey. Buyers sometimes order geotechnical or structural evaluations when planning major improvements.
Permits, notices, and unpermitted work
Sellers should disclose known building department notices, code issues, and any unpermitted work. Buyers often request permit history to confirm whether additions were finaled. You can explore permit and program pages on the City of Berkeley site to support your due diligence.
What pre-listing inspections include
Pre-listing inspections are common in Berkeley and across the Oakland–Hayward–Berkeley MSA. A typical package may include:
- General home inspection: Visual review of structure, roof, exterior, electrical, plumbing, HVAC, appliances, and safety items. Reports often include photos and a list of recommended repairs or further evaluation.
- WDO/termite inspection: Looks for active infestation, past damage, moisture, and conditions that attract pests. Reports distinguish active issues from historical evidence.
- Sewer scope: Camera run from the cleanout to the main line to identify roots, offsets, cracks, or collapse. Reports often rate severity and include video.
- Roof inspection: Condition, age estimate, evidence of leaks, flashing and vent details, and repair or replacement recommendations.
- HVAC service: Documentation of recent service on furnaces, AC, and water heaters can reassure buyers.
- Specialty inspections as needed: Structural or geotechnical evaluations, fire safety or vegetation assessments, flood elevation certificates, lead evaluation for pre-1978 homes, or targeted testing based on the property’s age and construction.
Inspectors typically note that they review accessible areas only and do not perform destructive testing. If a report recommends specialist follow-up, treat that recommendation seriously.
How to read disclosures and reports
Read TDS and SPQ like a pro
- Scan for any “yes” answers on structural movement, water intrusion, roof leaks, or past foundation repairs. Flag those for follow-up.
- Note disclosed insurance claims or past damage. Ask for documentation.
- Watch for unpermitted additions or open permits. Plan to pull the permit history and clarify scope.
- Treat “unknown” answers as signals to inspect that system more thoroughly.
Make sense of the NHD
- Flood zones: Confirm the FEMA zone and whether an elevation certificate exists. If in a special flood hazard area, budget for flood insurance and mitigation.
- Fault and seismic zones: If flagged, consider geotechnical or structural input before major remodels.
- Fire severity zones: Review defensible space measures and talk with insurers about coverage.
- Map dates: Check when the underlying maps were updated and keep copies for your records.
Triage inspection findings
- Prioritize safety items first: electrical hazards, gas leaks, active structural movement, significant mold, or active termite infestation.
- Separate major issues from routine maintenance. Major items often include roof leaks through decking, failed sewer laterals, significant foundation settlement, or hazardous panels. Minor items often include worn finishes or small drywall cracks.
- Distinguish active problems from historical evidence. Ongoing leaks or active infestation carry more urgency than past issues that were resolved.
WDO and sewer scope specifics
- WDO reports: Active infestation typically calls for treatment and repairs. Evidence of past damage warrants a review of repair quality and whether structural elements were replaced or just patched.
- Sewer scopes: Watch the video and read notes about joints, offsets, root intrusion, and pipe material. Root masses or collapsed sections are high urgency and often require repair or replacement.
How disclosures shape price and risk
Complete, accurate disclosures give both sides a truer picture of the property and reduce surprises after closing. Sellers who pre-inspect and address safety or structural items often avoid renegotiation later, though you should balance repair costs with current market conditions. Buyers who fully weigh hazard zone flags and inspection findings can price insurance, mitigation, and maintenance into their offer.
Honest disclosure does not obligate a seller to fix every issue unless they agree to repairs in the contract. Failure to disclose known material facts can create legal risk, which is why careful, thorough paperwork helps everyone.
Smart next steps
For buyers
- Use the disclosures as a roadmap for targeted inspections during your contingency period.
- Prioritize safety, habitability, and insurability items.
- Get specialist evaluations where reports recommend it, especially for foundation, sewer, roof, or hazard zone flags.
- Review permit history and confirm that significant work was finaled.
For sellers
- Complete the TDS and SPQ carefully and accurately. If unsure, say so and recommend inspection.
- Consider pre-listing WDO, sewer scope, roof, and general inspections, especially for older homes.
- Gather permit records, warranties, and service receipts to speed escrow and build buyer confidence.
- Check the City of Berkeley and Alameda County sites for any current programs or notices that may apply.
If you want a calm, methodical plan for disclosures and inspections tailored to your Berkeley property, reach out. Request a personalized home valuation, and let’s talk timing, scope, and presentation. Connect with Portia Pirnia to get started.
FAQs
What are the required disclosure forms in California home sales?
- Most sellers provide a Transfer Disclosure Statement and a Natural Hazard Disclosure, with the Seller Property Questionnaire commonly used to add detail.
What does the NHD mean for a Berkeley buyer?
- It flags mapped hazards like flood, fire, fault, or seismic zones so you can get specialist follow-up, price insurance, and plan mitigation.
Should I rely on seller-provided inspections?
- They are helpful, but you should still order your own inspections during contingencies because those inspectors work for you and may find additional issues.
How do sewer scopes affect my offer?
- A failed or severely compromised lateral can be a major cost item; buyers often negotiate credits or repairs when scopes show collapse, large offsets, or heavy roots.
Do disclosures require the seller to make repairs?
- No. Disclosures inform the buyer, but repairs are negotiable and must be agreed to in the contract.
Where can I verify hazard maps and local rules?
- Use Cal Fire for fire maps, FEMA for flood maps, the California Geological Survey for seismic maps, and City of Berkeley or Alameda County pages for local program updates.
