Lead-Based Paint Disclosure: What Sellers, Landlords and Agents Must Do on Pre-1978 Housing

The federal rule under 42 U.S.C. § 4852d, as implemented by EPA (40 CFR 745 Subpart F) and HUD (24 CFR 35 Subpart A) — cut-off year, required documents, the 10-day inspection window, exemptions, agent duties and current penalties.

Checked against 40 CFR 745 Subpart F
Pre-1978 cut-off explained
Exemptions quoted from the regulation
Penalty figures verified 2026-10-10

Last reviewed against the published sources listed below.

Key Information

The cut-off year is 1978: federal lead-based paint disclosure applies to housing built before 1978 (42 U.S.C. § 4852d; 40 CFR 745 Subpart F). Before a buyer or tenant is bound, the seller or landlord must give the EPA pamphlet Protect Your Family From Lead in Your Home, disclose known lead-based paint and hazards, provide available reports, and attach the Lead Warning Statement with signed acknowledgments. Buyers get a 10-day inspection opportunity unless changed or waived in writing. Sellers, landlords and agents keep the signed form at least 3 years.

Pricing: $33 per listing — staged and enhanced photos, every altered image labelled and paired with its original, disclosure page + QR, one ZIP in MLS order. No subscription.

Time Required: 6-minute read

The Problem

The rule is short but unforgiving on sequence: every element (pamphlet, disclosure, available reports, signed attachment, inspection opportunity) has to be completed before the buyer or tenant is obligated under the contract. A disclosure delivered after an offer means the seller must finish it before accepting and let the buyer amend the offer.

The Solution

This guide lays out each requirement with the exact regulation section, what the rule does not require (testing or abatement), which transactions are exempt, and a recommended order of operations for listing agents — with links to the EPA sample forms and pamphlet.

Key Features

The 1978 Cut-Off

The rule covers 'target housing' — any housing constructed prior to 1978 — except housing for the elderly or persons with disabilities and 0-bedroom dwellings, unless a child under 6 resides or is expected to reside there (40 CFR 745.103). Housing built in 1978 or later is outside the federal rule.

Benefit: Know in one fact whether a listing is in scope

Four Things Before the Contract Binds

Before the purchaser or lessee is obligated: (1) EPA-approved pamphlet; (2) disclosure of known lead-based paint and/or hazards, including the basis, location and condition of painted surfaces; (3) the same disclosure to each agent; (4) all available records and reports, including common areas (40 CFR 745.107).

Benefit: A complete checklist taken straight from the regulation

Contract Attachment and Signatures

Each sales contract needs an attachment, in the language of the contract, with the Lead Warning Statement, the seller's disclosure, a list of reports provided, the buyer's acknowledgment, the buyer's inspection/waiver statement, the agent's statement, and dated signatures (40 CFR 745.113(a)). EPA publishes optional sample forms in English and Spanish.

Benefit: No missing signature lines at closing

What the Rule Does Not Require

The regulation states that nothing in the disclosure section implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities (40 CFR 745.107(a)). Sellers must disclose what they know and hand over what they have — they are not required to test or abate. State or local law may require more (40 CFR 745.119).

Benefit: Clear limits on the federal obligation

How It Works

1

Confirm the Year Built

Check public records for the construction year. Built before 1978 = target housing unless an exemption applies. Recommendation: if the year is unknown or records conflict, treat the property as pre-1978 and complete the disclosure.

2

Collect the Seller's Knowledge and Reports

Ask the seller (or landlord) in writing what they know about lead-based paint or hazards and for every available inspection, risk assessment or abatement report — including reports on common areas in multifamily buildings.

3

Deliver Before the Buyer Is Bound

Give the buyer or tenant the EPA pamphlet, the disclosure and the reports before they are obligated under the contract. If this happens after an offer, the seller must complete it before accepting and let the buyer review and possibly amend the offer (40 CFR 745.107(b)).

4

Offer the 10-Day Inspection Window (Sales)

Give the buyer a 10-day period to conduct a lead inspection or risk assessment, unless the parties agree in writing to a different period or the buyer waives it in writing (40 CFR 745.110).

5

Sign, Date and Retain for 3 Years

Seller, agents and buyer sign and date the attachment. The seller and any agent keep a copy for no less than 3 years from completion of the sale; for leases, the lessor and any agent keep it 3 years from the start of the lease (40 CFR 745.113(c)).

Compliance Reference

RequirementWhat the rule saysWho it applies toSource
Covered housingHousing constructed prior to 1978 ('target housing'); excludes elderly/disability housing and 0-bedroom units unless a child under 6 resides or is expected to reside thereSales and leases40 CFR 745.103
Lead hazard pamphletProvide EPA-approved pamphlet (Protect Your Family From Lead in Your Home or an EPA-approved state equivalent) before the buyer/tenant is obligatedSeller / lessor40 CFR 745.107(a)(1)
Known lead-based paint and hazardsDisclose presence of known LBP and/or hazards, plus basis, location and condition of painted surfaces; disclose the same to each agentSeller / lessor40 CFR 745.107(a)(2)-(3)
Records and reportsProvide all available records/reports, including common areas and building-wide evaluations in multifamily housingSeller / lessor40 CFR 745.107(a)(4)
Disclosure after an offerComplete disclosure before accepting the offer and allow the buyer/tenant to review and possibly amend itSeller / lessor40 CFR 745.107(b)
Inspection opportunity10-day period for a risk assessment or inspection, unless a different period is agreed in writing; buyer may waive in writingSales only40 CFR 745.110
Contract attachmentLead Warning Statement, seller disclosure, list of reports, buyer acknowledgment, inspection/waiver statement, agent statement, dated signatures — in the language of the contractSales (leases have a parallel list)40 CFR 745.113(a)-(b)
Agent dutiesInform the seller/lessor of their obligations and ensure compliance (or personally ensure it)Seller's / lessor's agents40 CFR 745.115
Record retentionKeep the completed attachment at least 3 years from completion of sale (or from start of lease)Seller / lessor and any agent40 CFR 745.113(c)
Civil penaltyUp to $22,263 per violation for knowing violations (current inflation-adjusted maximum)Any person who knowingly violates24 CFR 30.65; 40 CFR 19.4 Table 1
Private damagesKnowing violators are jointly and severally liable for 3 times the purchaser's or lessee's damages; court may award costs, attorney and expert feesAny person who knowingly violates42 U.S.C. § 4852d(b)(3)-(4); 40 CFR 745.118
Contract validityThe statute does not affect the validity or enforceability of a sale or contract and does not create a title defectAll transactions42 U.S.C. § 4852d(c)

Common Use Cases

1920s Bungalow Sale, No Lead Records

Scenario: The seller has lived in the house for decades, has never tested for lead, and knows of no lead-based paint.

Process: Seller marks 'no knowledge' and 'no reports available' on the attachment → buyer receives the EPA pamphlet and signs the acknowledgment → buyer either schedules an inspection within the 10-day window or waives it in writing → seller, listing agent and buyer sign and date → listing agent files a copy for at least 3 years

Compliance: 'No knowledge' is a permitted disclosure under 40 CFR 745.113(a)(2); the seller is not required to test. The pamphlet, attachment and inspection opportunity are still mandatory.

1965 Duplex With an Old Abatement Report

Scenario: The seller abated the front porch in 2012 and has the contractor's report and a later clearance test.

Process: Seller discloses the known lead-based paint history (location, what was done, condition of remaining painted surfaces) → both reports listed on the attachment and delivered to the buyer → disclosure also given to the listing agent → 10-day inspection window offered

Compliance: Available records must be provided, including building-wide reports in multifamily housing (40 CFR 745.107(a)(4)). Withholding a report the seller has is a disclosure failure even if the hazard was abated.

Studio Apartment Lease in a 1950s Building

Scenario: A landlord rents a studio unit; the prospective tenant has no children.

Process: Unit is a 0-bedroom dwelling (living area not separated from sleeping area) → excluded from 'target housing' unless a child under 6 resides or is expected to reside there → if a tenant with a young child applies, the full lessor disclosure applies

Compliance: 0-bedroom exclusion per 40 CFR 745.103. Recommendation: many landlords disclose on every pre-1978 unit anyway, because the exclusion turns on who will live there. BuildMyListing provides compliance documentation tools, not legal advice. Consult a licensed real estate attorney for advice on a specific transaction.

Published Sources

Primary sources checked on the dates shown below. Rules and statutes can change; confirm the current text before publishing.

Frequently Asked Questions

What is the cut-off year for requiring lead-based paint disclosure?
1978. The federal rule applies to 'target housing,' defined as housing constructed prior to 1978 (40 CFR 745.103). A home built in 1978 or later is not covered by the federal disclosure rule. Within pre-1978 housing, the definition excludes housing for the elderly or persons with disabilities and 0-bedroom dwellings, unless a child under 6 resides or is expected to reside there. State or local law can add its own requirements (40 CFR 745.119).
What does the seller have to give the buyer?
Before the buyer is obligated under the contract: (1) an EPA-approved lead hazard pamphlet, such as Protect Your Family From Lead in Your Home; (2) disclosure of any known lead-based paint and/or lead-based paint hazards, with available detail on the basis, location and condition of painted surfaces; (3) any available records or reports, including those covering common areas; and (4) a contract attachment with the Lead Warning Statement, the seller's statement, a list of reports provided, the buyer's acknowledgment, the buyer's inspection-or-waiver statement, the agent's statement and dated signatures (40 CFR 745.107 and 745.113).
How does the 10-day inspection period work, and can it be waived?
Before the buyer is obligated, the seller must allow a 10-day period for a lead-based paint inspection or risk assessment, unless the parties mutually agree in writing on a different period. The buyer may also waive the opportunity in writing (40 CFR 745.110). The 10-day opportunity applies to sales, not leases.
Which transactions are exempt?
40 CFR 745.101 exempts: (a) sales of target housing at foreclosure; (b) leases of housing found to be lead-based-paint free by a certified inspector; (c) short-term leases of 100 days or less with no possible renewal or extension; and (d) lease renewals where the lessor already made the full disclosure and has no new information. Separately, housing built in 1978 or later, housing for the elderly or persons with disabilities, and 0-bedroom units are outside the definition of target housing unless a child under 6 resides or is expected to reside there (40 CFR 745.103). Note the lead-free-certification exemption in the regulation is written for leases, not sales.
What are the listing agent's responsibilities?
An agent working for the seller or lessor must inform the seller of their obligations and ensure the seller has completed the pamphlet, disclosure, report, inspection-opportunity and attachment requirements — or personally ensure compliance (40 CFR 745.115). The agent must also sign the attachment and keep a copy for 3 years. An agent who informed the seller of their obligations is not liable for lead-based paint the seller knew about but did not disclose to the agent. A buyer's representative paid entirely by the buyer is not an 'agent' under the rule (40 CFR 745.103).
How long must the signed disclosure be kept?
The seller and any agent must retain a copy of the completed attachment for no less than 3 years from the completion date of the sale. For leases, the lessor and any agent keep it for at least 3 years from the commencement of the leasing period (40 CFR 745.113(c)).
What is the penalty for not disclosing lead-based paint?
For knowing violations, HUD's regulation sets the maximum civil money penalty at $22,263 per violation (24 CFR 30.65), and EPA's inflation-adjusted figure for 42 U.S.C. § 4852d(b)(5) is also $22,263 for penalties assessed on or after January 8, 2025 (40 CFR 19.4, Table 1). Knowing violators are also jointly and severally liable to the buyer or tenant for three times their damages, and a prevailing plaintiff can recover court costs, attorney fees and expert fees (42 U.S.C. § 4852d(b)(3)-(4)). These amounts are adjusted for inflation, so check the current figure before relying on it.
Does a missed disclosure void the sale?
Not under the federal statute itself. 42 U.S.C. § 4852d(c) says nothing in the section affects the validity or enforceability of any sale or contract, or creates a title defect. The remedies are civil penalties, injunctions and private damages. State law may provide other remedies.
Does the seller have to test the home for lead?
No. The regulation states that nothing in the disclosure requirements implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities (40 CFR 745.107(a)). The seller must disclose what they know and provide reports they have or can reasonably obtain. The buyer, not the seller, decides whether to use the 10-day inspection opportunity.
Can listing photos of a pre-1978 home be retouched to hide peeling paint?
The federal disclosure rule does not regulate photos, but digitally removing deteriorated paint from a pre-1978 home's photos can misrepresent the very condition the disclosure exists to address. Recommendation: limit edits to lighting, color and straightening, and label any image that changes the property's appearance. BuildMyListing labels every altered image and pairs it with the original on a hosted disclosure page.

Need the photos done, not just the rules?

Upload the listing. Get back staged and enhanced photos with every altered image labelled and paired with its original, a hosted disclosure page with QR, and one ZIP in MLS order. $33 per listing, no subscription.

See a real listing set →