Flood Disclosure Bill: What Boston Home Sellers Should Know

Massachusetts doesn't require sellers to disclose flood history today, but both the Senate (S.3064) and House (H.5518) versions of the environmental bond bill would add a state flood risk notification form for 1 to 4 family homes, condominiums, and co-ops. As of early November 2026 the bill sat in conference committee, so Boston sellers should check their parcel against the City's flood maps and document their history before they list.

Will Massachusetts require home sellers to disclose flood history?

Not yet. Both the Senate version (S.3064) and the House version (H.5518) of the Legislature's environmental bond bill, "An Act to build resilience for Massachusetts communities" (the Mass Ready Act), would require sellers of 1 to 4 family homes, condominiums, and co-ops to give buyers a state flood risk notification form before the Purchase and Sale Agreement is signed. The two versions are in a House-Senate conference committee. It is a proposal, not law. If you plan to sell a Boston home in the next year, gather your flood facts now, check your parcel against the City's flood maps, and talk with your attorney before you list.

If you own a home in Jamaica Plain, Roslindale, Hyde Park, Dorchester, Mattapan, or Roxbury, here is where things stand and what to do about it if you're listing this winter or next spring.

Key Takeaways

• The Senate passed S.3064 on April 15, 2026, 36 to 3, and the House passed H.5518 on June 17, 2026, 151 to 0; neither has become law.
• Both versions would require a flood risk notification form before the Purchase and Sale Agreement is signed, and would make a violation by a person in trade or commerce an unfair or deceptive act under Chapter 93A.
• Boston's current flood map round lists Hyde Park, Jamaica Plain, Mattapan, Roslindale, Roxbury and other areas as affected, so check your parcel in the change viewer.
• FEMA says homes in high-risk flood areas with mortgages from government-backed lenders are required to have flood insurance.
• NFIP coverage for homeowners tops out at $250,000 for the building and $100,000 for contents, and a policy can be transferred to the buyer.

Where does the Massachusetts flood disclosure bill stand?

It has passed both chambers in different versions and is waiting in a conference committee. Today, Massachusetts has no general mandatory seller disclosure form. Specific disclosures do apply, such as the lead paint notification for homes built before 1978 and the home inspection disclosure, and many sellers also complete a voluntary statement of property condition. Flood history is not a required disclosure item under state law.

Here is the timeline from the bill history on malegislature.gov:

• April 15, 2026: The Senate passed S.3064, 36 to 3. Section 81 would add a new Section 70 to Chapter 183 of the General Laws requiring flood risk notification to buyers and tenants.
• June 17, 2026: The House passed its own text (H.5518), 151 to 0. Its Section 66 adds the same new Section 70, with more detail.
• June 23 and July 1, 2026: The Senate declined to accept the House version, and both chambers appointed conference committee members.
• As of early November 2026: the bill history showed no conference report, no final enactment, and no signature.

So the final wording, effective date, and form are not settled. Under both versions, the Secretary of Energy and Environmental Affairs, working with the Secretary of Housing and Livable Communities, would issue a standard notification form. The form may cover:

• whether the property is in a floodplain
• history of flooding and past damage, including insurance claims and disaster assistance or grants received
• any flood insurance or elevation certificate for the property

The House version adds future coastal flood risk and erosion information, and it would require licensed brokers with an online marketing platform to show flood risk information for each listed home. Both versions say an owner who doesn't comply, including by giving knowingly false or incomplete disclosures, is liable for resulting damages, and that a violation by a person engaged in trade or commerce is an unfair or deceptive act under Chapter 93A. Landlords would have to give tenants the form and a flood insurance notice.

Even without a new law, don't assume silence protects you. If a buyer asks a direct question about water in the basement and you answer inaccurately, or you conceal something you know, you can face misrepresentation claims. Your closing attorney can tell you where the line is for your situation.

Are Boston's flood maps changing?

Yes, Boston is adopting new FEMA maps that move some non-coastal areas into a Special Flood Hazard Area. To remain in the National Flood Insurance Program, Boston must periodically adopt new FEMA Flood Insurance Rate Maps and matching updates to Article 25 of the Zoning Code. The current round focuses on non-coastal areas that FEMA has moved into a Special Flood Hazard Area. The Planning Department lists Back Bay, Fenway, Hyde Park, Jamaica Plain, Mattapan, Roslindale, Roxbury, and West Roxbury as affected.

The Planning Department's Special Flood Hazard Area change viewer shows parcels in pink if they are moving into a flood zone in this round, blue if they are already in one, and blue and pink if they are already in one and the high-risk area is expanding. The viewer doesn't show every high-risk flood area in Boston, so check your address there and on the City's other flood maps before you list.

Here is why it matters at the closing table. FEMA says homes in high-risk flood areas with mortgages from government-backed lenders are required to have flood insurance. A buyer who learns that mid-contract may need to redo their monthly budget, which can reopen price talks at the worst time. Being outside a mapped zone doesn't mean a dry basement, either: as FEMA puts it, floods can happen anywhere.

What should Boston sellers do about flood risk before they list?

Whether or not the bill becomes law, these steps cost little and protect your timeline:

1. Look up your parcel. Use the change viewer and the City's flood maps, and save a dated screenshot.
2. Write down your own history. Note any water in the basement, sump pump use, drainage repairs, and insurance claims, with dates, photos, and receipts. If it never happened, you can say so with confidence.
3. Call your insurance agent. Ask whether you carry flood coverage and what a policy would cost, and keep your declarations page. FEMA says that when a home is sold, the building's National Flood Insurance Program policy can be transferred to the buyer. NFIP coverage for homeowners tops out at $250,000 for the building and $100,000 for contents, so higher-value homes may need additional coverage.
4. If you are in a mapped zone, ask about a Letter of Map Amendment. A LOMA is FEMA's determination that a structure or parcel on naturally high ground would not be inundated by the base flood. If FEMA grants one, you can send it to the lender and ask that the federal flood insurance requirement be removed. It takes time, so start before you list.
5. Decide on disclosure with your attorney. If you complete a seller's statement of property condition, answer consistently and make sure it matches what goes in the listing.

Buyers already have more visibility into a home's condition, which is part of why Juan Murray reviews the Massachusetts home inspection law with sellers before pricing. Insurance is the other half of that conversation: see what will fail a home insurance inspection in Massachusetts. If a flood policy or a LOMA adds cost to your sale, build it into a net proceeds estimate early.

FAQ

Is flood disclosure required when selling a house in Massachusetts right now?

No. There is no mandatory flood disclosure requirement today. Both chambers have passed versions of a bill that would add one, and it is in conference committee, so ask your closing attorney what applies when you list.

How do I find out if my Boston home is in a FEMA flood zone?

Use the Planning Department's Special Flood Hazard Area change viewer and the City's flood maps. Your insurance agent or lender can also run a flood zone determination for your address.

Can a buyer take over my flood insurance policy?

Often, yes. FEMA says a building's NFIP policy can be transferred to the new buyer when the home is sold. Ask your insurer how the transfer works before you list.

What is a LOMA and can it remove the flood insurance requirement?

A Letter of Map Amendment is FEMA's determination that a structure or parcel on naturally high ground would not be inundated by the base flood. With one, you can ask your lender to remove the federal flood insurance requirement. It requires documentation, so start early.

Does being outside a flood zone mean my home won't flood?

No. Floods can happen anywhere, and heavy rain can overwhelm drainage in any neighborhood, so keep records of any water events regardless of your mapped zone.

If you are thinking about selling and want to know where your home stands, Juan Murray can go through your parcel, your timing, and your numbers with you. Consultations are private and no-pressure.

The bottom line: Massachusetts doesn't require a seller flood disclosure yet, but gathering your flood facts, maps and insurance records now can protect your timeline whether or not the bill becomes law.

Sources

• Massachusetts Legislature, S.3064 bill history: https://malegislature.gov/Bills/194/S3064
• S.3064 text (Section 81): https://malegislature.gov/Bills/194/S3064.Html
• H.5518 text (Section 66): https://malegislature.gov/Bills/194/H5518.pdf
• Massachusetts Senate press release on the Mass Ready Act: https://malegislature.gov/PressRoom/Detail?pressReleaseId=364
• Boston Planning Department, Federal Flood Hazard Zoning Updates: http://www.bostonplans.org/zoning/zoning-initiatives/federal-flood-hazard-zoning-updates
• FEMA, Flood insurance: https://www.fema.gov/flood-insurance
• FEMA, Change your flood zone designation: https://www.fema.gov/flood-maps/change-your-flood-zone
• FloodSmart, answers to clients' frequently asked questions: https://agents.floodsmart.gov/articles/answers-some-your-clients-most-frequently-asked-questions
• FEMA, "Your NFIP Flood Insurance Decision" flyer: https://agents.floodsmart.gov/sites/default/files/media/document/2025-07/fema_your-nfip-flood-insurance-decision_flyer_10-2024.pdf

Have questions? Let's connect.

About Juan Murray

Juan Murray is a Boston broker associate with more than 30 years of experience helping buyers, sellers, and investors across Greater Boston, personally leading every transaction from the first conversation through closing.

RE/MAX Real Estate Center · (978) 581-0801

Equal Housing Opportunity. Juan Murray is licensed as a Broker in Massachusetts, regulated by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons. This article is general information only and does not constitute legal, tax, or financial advice. Confirm your specific costs and obligations with your closing agent, tax advisor, or lender.