If you are selling a San Antonio house with a fireplace, three documents will mention it before closing: the seller’s disclosure you fill out, the buyer’s home inspection report, and often a separate chimney inspection report the buyer requests. The disclosure asks specific questions about the fireplace and the gas that may feed it, the home inspector is not required by rule to verify the inside of the flue, and buyers who know that ask for a Level 2 chimney inspection. This is general information, not legal advice; talk to your agent or an attorney about your sale.
The law: Property Code §5.008
Texas Property Code §5.008(a) says “A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice prescribed by this section.” Subsection (b) sets out the format: “1. The Property has the items checked below: Write Yes (Y), No (N), or Unknown (U)… Are you (Seller) aware of any of the above items that are not in working condition, that have known defects, or that are in need of repair?… 4. Are you (Seller) aware of any of the following conditions?” The form most Texas sellers sign is the Texas Real Estate Commission’s version, the Seller’s Disclosure Notice, Form 55-1.
What TREC Form 55-1 asks about your fireplace
The current Form 55-1 is dated May 4, 2026 and shown on TREC’s forms page as effective May 28, 2026. Section 1, the Yes/No/Unknown list, includes these fireplace- and gas-related items:
- “Fireplace(s) & Chimney (Wood burning)”
- “Fireplace(s) & Chimney (Mock)”: a decorative fireplace that is not built to burn
- “Natural Gas Lines” and “Gas Fixtures”
- “Liquid Propane Gas: LP Community (Captive) / LP on Property”
- “Fuel Gas Piping: Black Iron Pipe / Corrugated Stainless Steel Tubing / Copper”
- “Water Heater: Gas / Electric”
After checking the items, you answer whether you are aware of any of them that are “not in working condition, that have known defects, or that are in need of repair.” Section 4 then lists conditions, and one of them is “Previous Fires,” alongside “Previous Structural or Roof Repair” and “Improper Drainage.” A chimney fire, a log set removed after a malfunction, or a firebox bricked up into a mock fireplace are all things the form reaches; “Unknown” is allowed where you genuinely do not know. Keep every sweep receipt and chimney inspection report you receive while you own the house. They are the evidence behind your answers and what a buyer’s agent will ask for when the inspection report flags the fireplace.
What the buyer’s home inspector checks, and what they skip
Texas licenses real-estate inspectors under Occupations Code chapter 1102; §1102.103 says “A person may not act as a professional inspector in this state for a buyer or seller of real property unless the person holds a professional inspector license.” TREC’s Standards of Practice set the minimum for that inspection, and fireplaces are covered in 22 TAC §535.228(i).
Under §535.228(i)(1), the inspector “shall report as Deficient: (A) built-up creosote in accessible areas of the firebox and flue; (B) the presence of combustible materials in near proximity to the firebox opening; (C) the absence of fireblocking at the attic penetration of the chimney flue, where accessible; and (D) deficiencies in the: (i) damper; (ii) lintel, hearth, hearth extension, and firebox; (iii) gas fixture installed in the fireplace not associated with the gas distribution system; (iv) circulating fan; (v) combustion air vents; and (vi) chimney structure, termination, coping, crown, caps, and spark arrestor.”
Then comes the part sellers rarely know. Under §535.228(i)(2), “The inspector is not required to: (A) verify the integrity of the flue; (B) perform a chimney smoke test; or (C) determine the adequacy of the draft.” In plain terms, the home inspector reports what is visible from the firebox and the chimney top. Cracked flue tiles halfway up, a gap in a prefab flue section, or a liner that stops short are outside the minimum standard; that is the scope the rule sets, not a criticism of inspectors.
Why buyers ask for a separate Level 2 chimney inspection
A chimney inspection is a different service, performed by a chimney company under the three levels in NFPA 211, and it is not a TREC real-estate inspection or a substitute for one. A Level 1 inspection is the visual check that accompanies a routine sweep. A Level 2 inspection adds a video camera scan of the flue from top to bottom, plus a look at accessible attic and crawl areas, and it is the level specified when a property is sold or transferred, when the fuel or appliance changes, or after a chimney fire, lightning strike or other event. A Level 3 inspection opens building components to reach a suspected hidden problem.
When a buyer’s agent requests a “Level 2 chimney inspection,” they are asking for exactly what §535.228(i)(2) leaves out: the integrity of the flue. In national guides a Level 2 runs $150 to $1,000, against $85 to $950 for a Level 1 that usually sits at the low end and is bundled with a sweep; our cost guide has the full table. The report comes with camera stills, so sellers who order one before listing have the images on the table before negotiations start. Our chimney inspection page explains the levels in more detail.
San Antonio specifics
Across the city, the median home was built in 1985 and 29.2% of units predate 1970 (ACS 2024 5-year); in Monte Vista’s ZIP 78212 the median year built is 1949. Older neighborhoods such as Alamo Heights, Terrell Hills and Monte Vista tend to have 1950s–70s masonry chimneys, often with a gas log set added later, while 1980s–2000s subdivisions mostly have factory-built fireplaces with metal chase covers that rust in a climate with 32.38 inches of rain a year (NOAA 1991–2020 normals). Most fireplaces here are lit a few dozen evenings a year, so a Level 2 scan usually finds moisture, animal and idle-flue problems rather than heavy creosote.
Utility gas heats 27.8% of San Antonio homes (ACS 2024 5-year), and Form 55-1 asks about the fuel gas piping material, which many sellers have never looked at. Gas-line work is done only by Texas-licensed plumbers (or, for propane, Railroad Commission-licensed LP-gas companies); inside San Antonio a Plumbing, Gas and Sewer permit applies. Ask who will touch the gas. See our gas fireplace service page and the post on who can work on a gas fireplace in Texas.
A pre-listing checklist
- Pull together sweep receipts and any past chimney inspection reports.
- Note which boxes apply: wood-burning, mock, gas lines, gas fixtures, propane, and the fuel-gas piping material if you know it.
- Decide whether to order a Level 2 chimney inspection before listing so the camera report is in your file.
- If a repair is recommended, get a written scope with photos and, inside city limits, the company’s City of San Antonio Home Improvement Contractor registration.
- Answer the disclosure from what you know and keep the reports with your closing documents.
San Antonio Chimney Sweeps connects San Antonio-area homeowners with independent local chimney sweep, inspection and repair companies for free, no-obligation quotes. The companies perform the chimney inspection under NFPA 211 and provide the written report; it is not a TREC real-estate inspection. Request a free quote and say the inspection is for a sale. This is general information, not legal advice; statute and rule text is quoted from public mirrors and may not reflect 2025 amendments.
Frequently asked questions
Does a Texas home inspection include the chimney flue?
Only partly. Under 22 TAC §535.228(i), a TREC-licensed inspector reports built-up creosote in accessible areas of the firebox and flue, the damper, the firebox and the chimney structure, crown and cap, but “is not required to: (A) verify the integrity of the flue; (B) perform a chimney smoke test; or (C) determine the adequacy of the draft.” A Level 2 chimney inspection with a camera is the separate service that looks inside the flue.
What does the TREC seller’s disclosure ask about fireplaces?
TREC Form 55-1 (2026) lists “Fireplace(s) & Chimney (Wood burning)” and “Fireplace(s) & Chimney (Mock)” among items you mark Yes, No or Unknown, along with “Natural Gas Lines,” “Gas Fixtures,” propane and “Fuel Gas Piping” by material. Section 4 asks whether you are aware of “Previous Fires.” You then state whether any item is not working, defective or in need of repair.
Should I get a chimney inspection before listing my San Antonio house?
Many sellers do. A Level 2 chimney inspection, typically $150 to $1,000 in national guides, produces a written report with camera images that documents the flue’s condition before a buyer’s inspector raises questions. It is not a TREC real-estate inspection and does not replace one. Keep the report with your sweep receipts; they support the answers you give on the disclosure form.