If your Richmond house was built before 1978, a federal rule adds paperwork to your sale that no Virginia form replaces. You have to hand the buyer a lead pamphlet, tell them what you know about lead-based paint, attach specific language to the contract, and give them time to test. This guide walks through each step using the rule’s own text and EPA’s guidance, then covers what the contractor you hire before listing needs to know. If your home was built in 1978 or later, none of this applies to you.
This is general information, not legal advice. The federal rule and Virginia’s disclosure law can interact in ways that depend on your facts. Talk to a Virginia real estate attorney if you have a question about your own sale.
Does the rule apply to your sale?
The disclosure rule is 40 CFR Part 745, Subpart F, which carries out a 1992 federal law. It covers “target housing,” defined as housing built before 1978. The rule’s definition carves out housing for the elderly or persons with disabilities and zero-bedroom dwellings such as studios, unless a child under 6 lives or is expected to live there. EPA’s real estate disclosure page adds that the rule does not apply to foreclosure sales, to housing found lead-based paint free by a certified inspector or risk assessor, or to housing built after 1977.
The rule says the seller is whoever transfers legal title for consideration, which includes individuals, trusts and corporations. An agent is anyone who contracts with the seller to sell the property. The rule also says nothing in it requires you to test your home or fix anything. You disclose what you know and hand over the records you have.
What you must do before the buyer is bound
Under section 745.107, these steps must be finished before the buyer is obligated under the contract. If any of them happens after the buyer has made an offer, the rule says you must complete it before accepting the offer and let the buyer review the information and possibly amend the offer.
- Give the pamphlet. Provide an EPA-approved lead hazard information pamphlet, such as “Protect Your Family From Lead in Your Home.” EPA’s pamphlet page says a revised 2026 version is available in English and several other languages. It reflects the new dust-lead action levels that took effect on 12 January 2026. EPA says older versions do not have to be thrown out, but if you use one, give a supplement in the appropriate language.
- Disclose what you know. Tell the buyer about any known lead-based paint or lead-based paint hazards, plus available detail such as the basis for that finding, where it is and the condition of the painted surfaces.
- Tell your agent. You must also disclose the same information, and the existence of any available records, to each agent working your sale.
- Hand over the records. Give the buyer any records or reports you have about lead-based paint, such as an old inspection or abatement report. “Available” means in your possession or reasonably obtainable by you.
- Offer the evaluation window. Under section 745.110 the buyer gets 10 days to do a risk assessment or inspection, unless both sides agree in writing to a different period. The buyer may also waive the opportunity in writing.
The lead disclosure rule in numbers
| Item | What the rule says | Source section |
|---|---|---|
| Applies to housing built before | 1978 | 745.103 |
| Buyer’s evaluation window | 10 days unless agreed otherwise in writing | 745.110 |
| Records retention | No less than 3 years from completion of the sale | 745.113(c) |
| Lead-based paint threshold | 1.0 mg/cm2 or 0.5 percent by weight | 745.103 |
| Buyer damages for knowing violation | 3 times the damages incurred | 745.118(c) |
Source: 40 CFR Part 745, Subpart F, as shown on eCFR on 2 October 2026. This is a federal rule summary, not market data.
The signed attachment that goes on the contract
Section 745.113 says each sales contract must include an attachment, in the contract’s language, with these parts:
- A Lead Warning Statement in the exact words the rule prescribes, notifying the buyer that pre-1978 homes may expose young children to lead.
- Your statement that you either disclose known lead-based paint or hazards, or have no knowledge of any.
- A list of any records or reports you have provided, or a statement that none exist.
- The buyer’s statement that they received that information and the pamphlet.
- The buyer’s statement that they either had the opportunity to evaluate or waived it.
- When agents are involved, a statement that the agent informed you of your obligations and knows of the duty to ensure compliance.
- Signatures and dates from the sellers, agents and purchasers.
EPA publishes sample seller disclosure forms in English and Spanish that cover these elements, and EPA’s page says the confirmation can be an attachment or inserted language. If you deliver the disclosure electronically, EPA says to include a clear statement of the right to paper copies and to get the recipient’s consent to electronic delivery.
Know what your home is worth before you spend on prep
Pre-1978 sellers often wonder how much repainting, window work or inspection is worth doing before listing. A free home valuation gives you a number to weigh those costs against, and our selling page explains how a listing works.
What agents and records add to the picture
Section 745.115 makes each agent responsible for ensuring compliance: informing you of your obligations and making sure you have completed the required steps, or personally ensuring they are done. An agent who has told you your obligations is not liable for lead-based paint you knew about but never mentioned to the agent. That is why the rule has you disclose to the agent in the first place.
Both you and your agent must keep a copy of the completed attachment for no less than 3 years from the completion date of the sale. Keep it with your closing papers.
Penalties and what the numbers mean
Section 745.118 says knowing violations can bring civil monetary penalties, an injunction in federal court, and liability to the buyer for three times the damages they incur, with court costs and reasonable attorney fees possible if the buyer wins. It also treats failure to comply with the disclosure, evaluation, certification and agent sections as a violation of the Toxic Substances Control Act.
The rule’s text lists a $11,000 penalty per violation, but it warns that figure may not reflect inflation adjustments. The adjusted table in 40 CFR 19.4 lists the Toxic Substances Control Act penalty at $49,772 per violation for penalties assessed on or after 8 January 2025, up from $48,512 for penalties assessed between 27 December 2023 and 8 January 2025. EPA adjusts these amounts periodically, so ask your attorney which figure applies at the time of any enforcement.
Where Virginia’s buyer-beware disclosure fits
Virginia’s Residential Property Disclosure Act is a separate state law. Our guides on the Virginia disclosure statement, what a Richmond seller must actually disclose and what Virginia law tells buyers to check cover that side. The key point for a pre-1978 sale is that the two do not substitute for each other: section 745.119 of the federal rule says it does not relieve you of any state or local notice or disclosure requirement. You complete the Virginia statement and the federal lead attachment. If lead paint was part of a past flood, fire or repair story, see selling after flood, fire or major repair, and for older renovations see unpermitted work disclosure.
Prep for older Richmond homes, and the contractor rule
Pre-1978 construction is common in older parts of the city. If you own in the Fan, Church Hill, the North Side, Windsor Farms or Forest Hill, check your year built before you list. Beyond the disclosure, a pre-listing home inspection can surface peeling paint or other items before a buyer does; our pre-listing inspection guide covers costs and when to skip one, and the radon guide covers another test buyers often ask for.
If you hire someone to repaint, replace windows or do repairs before listing, a second federal rule applies. EPA’s Renovation, Repair and Painting program requires anyone paid to disturb painted surfaces in homes built before 1978 to be certified, with employees trained in lead-safe work practices. This includes sole proprietors. The rule generally does not cover homeowners working on their own homes, but it does cover people who rent part of their home and anyone who buys, renovates and sells homes for profit. EPA lists the states that run their own program, and Virginia is not on that list, so the EPA program is the one that applies to Richmond-area contractors. Ask for the firm’s lead-safe certification before you sign.
Get a number before you decide what to fix
Request your free home valuation and see what your pre-1978 home could sell for before you commit to prep work. You can also look at recent sales on our recently sold page.
Lead paint disclosure questions
Do I have to test my house for lead before selling?
No. Section 745.107 says nothing in the rule creates an obligation on the seller to conduct any evaluation or reduction activities. You must disclose what you already know and hand over any records or reports you have. The buyer may choose to test during the evaluation window.
What if the buyer waives the 10-day inspection?
The rule lets a buyer waive the opportunity by saying so in writing, and the contract attachment includes a buyer statement that they either had the opportunity or waived it. You still must provide the pamphlet and the disclosures first.
Can the evaluation window be shorter or longer than 10 days?
Yes. Section 745.110 sets 10 days unless the parties mutually agree in writing upon a different period. Make that agreement in writing and keep it with the other contract documents.
How long do I keep the signed lead disclosure?
Sellers and agents must keep a copy of the completed attachment for no less than 3 years from the completion date of the sale. EPA’s page repeats the three-year period.
Does the rule apply if I sell my house for sale by owner?
The rule applies to sellers of target housing, defined as any entity that transfers legal title for consideration. There is no exception for selling without an agent, so you handle the pamphlet, disclosure, window and signed attachment yourself.
What if I find peeling paint after the contract is signed?
Disclosure must happen before the buyer is obligated under the contract, and the rule says any step done after an offer must be completed before you accept it. If you learn something new mid-deal, tell your agent and ask a Virginia real estate attorney how to document it.
Which older Richmond-area houses are covered?
Any housing built before 1978, except the exempt categories such as foreclosure sales and housing certified lead-based paint free. Check the year built on your county or city assessment record, then confirm with your agent.
How is lead-based paint defined in the rule?
Section 745.103 defines lead-based paint as paint or surface coatings with lead equal to or above 1.0 milligram per square centimeter or 0.5 percent by weight. The same section defines hazards to include deteriorated lead-contaminated paint, dust and soil.
Do I need a certified contractor to repaint before I list?
If you pay someone to disturb painted surfaces in a pre-1978 home, EPA’s RRP rule requires the firm to be lead-safe certified. EPA says the rule generally does not apply to homeowners working on their own homes, but it does apply to people who buy, renovate and sell homes for profit.
