Which of these is required in a lead-based paint disclosure for homes built prior to 1978

Lead Paint Disclosure Rules for Real Estate Transactions

The Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) enforce efforts to ensure that the public receives information to prevent lead poisoning in homes that may contain lead-based paint hazards. Most home buyers and renters must receive information on lead-based paint and lead-based paint hazards during sales and rentals of housing built before 1978. Buyers and renters must receive specific information on lead-based paint in the housing as well as the Protect Your Family from Lead in Your Home pamphlet. Sellers, landlords, and their agents are responsible for providing this information to the buyer or renter before sale or lease. 

Real Estate Notification & Disclosure Rule (1018 Rule)

The Disclosure Rule requires sellers, lessors and agents to comply with certain requirements when selling or leasing housing built before 1978. The Disclosure Rule requires that, before a purchaser or lessee is obligated under any contract to purchase or lease target housing, certain requirements must be met. These requirements include the following:

  • Sellers and lessors must provide purchasers and lessees with an EPA-approved lead hazard information pamphlet;
  • Sellers and lessors must disclose the presence of any known lead-based paint and/or lead-based paint hazards to the purchasers and lessees and to any agent;
  • Sellers and lessors must provide purchasers and lessees with any available records or reports pertaining to the presence of lead-based paint and/or lead-based paint hazards in the target housing;
  • Sellers must grant purchasers a 10-day period to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards, unless the parties mutually agree, in writing, upon a different period of time or the purchaser waives, in writing, the opportunity to conduct the risk assessment or inspection;
  • Sellers and lessors must disclose information pertaining to lead-based paint and/or lead-based paint hazards as an attachment to a contract to sell target housing or as an attachment or within a contract to lease target housing in accordance with the Disclosure Rule requirements;
  • Sellers, lessors and agents must retain a copy of each Disclosure Rule statement and certification for at least three years from completion of the transaction; and
  • Each agent involved in any transaction to sell or lease target housing must ensure compliance with all requirements of the Disclosure Rule.

Click on this link to find EPA/HUD disclosure booklet in many languages

  • Notification on Lead-based Paint Disclosure Rule

  • EPA and HUD Real Estate Notification and Disclosure Rule
    Questions and Answers

  • Lead: Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing; Final Rule

  • Interpretive Guidance Document Part I

  • Interpretive Guidance Document Part II

  • Interpretive Guidance Document Part III

  • Seller Sample Disclosure Format - English  and Spanish

  • Lessor Sample Disclosure Format - English  and  Spanish

Which of these is required in a lead-based paint disclosure for homes built prior to 1978
 

Pre-Renovation Education Rule (TSCA 406b Rule)

EPA regulations require renovators, working for compensation, to distribute a pamphlet to owners and occupants of most housing built prior to 1978 before commencing renovation activity. The pamphlet, entitled Renovate Right, discusses basic facts about lead and your health, how to choose a contractor if you are a property owner, what tenants, and parents/guardians of a child in a child care facility of school should consider, how to prepare for the renovation or repair job, what to look for during and after the job, and where to get more information.

  • Fact Sheet: EPA Releases Final Rule Requiring Distribution of Lead Hazard Information Prior to Renovations
  • Renovation & Remodeling Rule: Questions and Answers

  • Lead; Requirements for Hazard Education before Renovation of Target Housing; Final Rule

  • Interpretive Guidance Document Part I

  • Interpretive Guidance Document Part II

  • Interpretive Guidance Document Part III

  • Interpretive Guidance Document Clarification of Part I

Renovation, Repair, and Painting Program Disclosure Booklet

  • Renovate Right Brochure - Booklet in English
  • Remodelar Correctamente - Renovate Right Booklet in Spanish  

To report problems concerning disclosure, click on link below.

Report a potential violation of the Lead-Based Paint Disclosure Rule directly to the EPA (for use by the General Public)

Tip and Complaint Form  (fillable) -  For Local Health Departments to report a potential violation of the Lead-Based Paint Disclosure Rule

What is lead

Lead-Based Paint Warning Statement "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning.

Is lead

No. The law does not require an owner to conduct or pay for an inspection. A seller must, however, give buyers 10 days to inspect the property for lead. Nothing in the rule requires an owner to remove lead-based paint or lead hazards from the property.

Is lead

Federal law requires a property owner or seller to inform new tenants and/or buyers of known lead-based paint and lead-based paint hazards before most sales or leases. Most private housing, public housing, federally-owned housing, and housing receiving federal assistance are affected by this rule.

Is a lead

The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards.