40 CFR 745 Subpart F: EPA Lead-Based Paint Disclosure Rule

Regulatory citation: 40 CFR Part 745, Subpart F, Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property (issued jointly with HUD at 24 CFR Part 35)

What Is the Lead-Based Paint Disclosure Rule?

Subpart F implements the Residential Lead-Based Paint Hazard Reduction Act disclosure requirement at 42 U.S.C. 4852d. It requires sellers and landlords of target housing to tell buyers and tenants what they know about lead-based paint before the buyer or tenant is obligated under a contract or lease. Real estate agents share responsibility for making sure it happens.

Target housing is housing built before 1978. It excludes housing for the elderly or persons with disabilities and 0-bedroom dwellings, unless a child under 6 lives or is expected to live there. Lead-based paint means paint or coatings with lead at or above 1.0 mg/cm² or 0.5 percent by weight.

Why Lead Disclosure Matters

Lead paint and dust in older homes are a major source of lead exposure for young children. Disclosure lets families make informed decisions before they buy or rent.

Core Requirements

1. Check Whether the Transaction Is Covered (745.101)

The rule covers sales and leases of target housing, including subleases. It does not apply to foreclosure sales, leases of housing certified lead-based paint free by a certified inspector, short-term leases of 100 days or less with no renewal or extension, or lease renewals where everything was already disclosed and nothing new is known.

2. Provide the EPA Pamphlet (745.107(a)(1))

Give buyers and tenants an EPA-approved lead hazard information pamphlet, "Protect Your Family From Lead in Your Home."

3. Disclose What You Know (745.107(a)(2)–(4))

Disclose any known lead-based paint or lead-based paint hazards, including the basis for the finding, location and condition of painted surfaces. Provide all available records and reports, including those for common areas in multi-unit buildings. Disclose the same information to each agent. The rule does not require sellers or landlords to test or remove paint.

4. Disclose Before the Buyer or Tenant Is Obligated (745.107(b))

If disclosure happens after an offer is made, it must be completed before the offer is accepted, so the buyer or tenant can review it and amend the offer.

5. Give Buyers a 10-Day Evaluation Opportunity (745.110)

Purchasers must get a 10-day period to conduct a risk assessment or inspection for lead-based paint hazards. The parties may agree in writing to a different period, and the purchaser may waive the opportunity in writing. This applies to sales, not leases.

6. Attach the Lead Warning Statement and Signatures (745.113(a) and (b))

Sales contracts and leases must include an attachment with the Lead Warning Statement, the seller's or lessor's disclosure, a list of records provided, the buyer's or tenant's acknowledgment, agent statements where applicable, and signatures with dates. EPA provides sample forms.

7. Keep Records for 3 Years (745.113(c))

Sellers and agents keep a copy of the completed attachment for at least 3 years from the date the sale is completed. Lessors and agents keep it for at least 3 years from the start of the lease.

8. Agents Must Ensure Compliance (745.115)

Agents must tell sellers and lessors about their obligations and make sure they comply, or complete the steps themselves. An agent who has informed the seller or lessor is not liable for hazards that were known but not disclosed to the agent.

Common Compliance Approaches

Build Disclosure Into the Listing Packet

Agents add the pamphlet and disclosure form to every listing for a pre-1978 property.

Gather Reports Early

Owners pull past inspections, risk assessments and abatement records before marketing the property.

File Signed Forms Centrally

Property managers store signed lease attachments with the lease file and keep them at least 3 years.

Example: Lead Disclosure in Practice

A property management company leases apartments in a 1962 building. A 2019 inspection found lead-based paint on window trim in several units. Before each new lease is signed, the leasing office gives the tenant the EPA pamphlet and a copy of the inspection report and completes the lease attachment with the Lead Warning Statement. Both parties sign and date it, and the office stores it with the lease for at least three years after the lease starts.

Related regulations: EPA Lead RRP Rule, OSHA Lead in Construction, EPA Asbestos NESHAP.

Note: This summary reflects the federal disclosure rule enforced by EPA and HUD. Knowing violators can face civil penalties and liability for three times the buyer's or tenant's damages. States and cities may have additional lead disclosure or testing laws.

Frequently Asked Questions

Does the rule require me to test for lead?

No. You must disclose what you know and give available records, but the rule does not require testing or removal.

Do landlords have to offer a 10-day inspection?

No. The 10-day evaluation opportunity applies to buyers. Landlords still provide the pamphlet, disclosure and signed attachment.

Is a home built in 1980 covered?

No. Target housing is housing built before 1978.