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.
Last reviewed against the published sources listed below.
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.
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Time Required: 6-minute read
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.
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.
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
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
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
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
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.
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.
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)).
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).
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)).
| Requirement | What the rule says | Who it applies to | Source |
|---|---|---|---|
| Covered housing | Housing 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 there | Sales and leases | 40 CFR 745.103 |
| Lead hazard pamphlet | Provide EPA-approved pamphlet (Protect Your Family From Lead in Your Home or an EPA-approved state equivalent) before the buyer/tenant is obligated | Seller / lessor | 40 CFR 745.107(a)(1) |
| Known lead-based paint and hazards | Disclose presence of known LBP and/or hazards, plus basis, location and condition of painted surfaces; disclose the same to each agent | Seller / lessor | 40 CFR 745.107(a)(2)-(3) |
| Records and reports | Provide all available records/reports, including common areas and building-wide evaluations in multifamily housing | Seller / lessor | 40 CFR 745.107(a)(4) |
| Disclosure after an offer | Complete disclosure before accepting the offer and allow the buyer/tenant to review and possibly amend it | Seller / lessor | 40 CFR 745.107(b) |
| Inspection opportunity | 10-day period for a risk assessment or inspection, unless a different period is agreed in writing; buyer may waive in writing | Sales only | 40 CFR 745.110 |
| Contract attachment | Lead Warning Statement, seller disclosure, list of reports, buyer acknowledgment, inspection/waiver statement, agent statement, dated signatures — in the language of the contract | Sales (leases have a parallel list) | 40 CFR 745.113(a)-(b) |
| Agent duties | Inform the seller/lessor of their obligations and ensure compliance (or personally ensure it) | Seller's / lessor's agents | 40 CFR 745.115 |
| Record retention | Keep the completed attachment at least 3 years from completion of sale (or from start of lease) | Seller / lessor and any agent | 40 CFR 745.113(c) |
| Civil penalty | Up to $22,263 per violation for knowing violations (current inflation-adjusted maximum) | Any person who knowingly violates | 24 CFR 30.65; 40 CFR 19.4 Table 1 |
| Private damages | Knowing violators are jointly and severally liable for 3 times the purchaser's or lessee's damages; court may award costs, attorney and expert fees | Any person who knowingly violates | 42 U.S.C. § 4852d(b)(3)-(4); 40 CFR 745.118 |
| Contract validity | The statute does not affect the validity or enforceability of a sale or contract and does not create a title defect | All transactions | 42 U.S.C. § 4852d(c) |
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.
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.
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.
Primary sources checked on the dates shown below. Rules and statutes can change; confirm the current text before publishing.
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