Legal Clarification: Recent EPA Communications on Lead-Based Paint
May 19, 2025
Recently, you may have received an email from the Environmental Protection Agency (or EPA). While it might make you nervous anytime you receive an email from a federal agency, this particular email should not concern you. The EPA sent out a reminder email of the existing laws surrounding lead-based paint disclosures and renovations, including an attachment. However, that’s all the email was—a reminder. Nothing in the email changed any of the lead-based paint requirements that you’ve previously had.
For renovations, repairs, and painting of target homes (those built before 1978, with some exceptions), the EPA requires that the work be performed by lead-safe certified renovation firms, using certified contractors trained in working safely with lead-based paint. This is the same rule under which you have been working for a long time.
- You must provide specific information about known lead-based paint and lead-based paint hazards before prospective renters and home buyers sign a lease or contract for target housing.
- You must provide buyers and renters with a copy of the “Protect Your Family from Lead in Your Home” pamphlet published by the EPA.
- You must keep a signed copy of all disclosures for three years after either the sale is completed or the lease begins.
- You must provide all available records and reports on lead-based paint and lead-based paint hazards.
Again, none of these requirements are new. But, given the fact that failure to comply with these rules can lead to fines of over $40,000 per renovation violation and $20,000 per disclosure violation, a reminder is never a bad thing. If there are changes to the lead-based paint requirements, Virginia REALTORS® will make sure that you are the first to know.
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