Home inspector lead disclosure: which sales and leases it covers study guide
40 CFR Part 745 Subpart F is EPA's federal rule on disclosing known lead-based paint and lead-based paint hazards when target housing is sold or leased. This guide sets out what the rule text (745.100 to 745.103) and two EPA pages state on which housing and which transactions the rule covers: target housing built before 1978 and its exceptions, exempt sales and leases, effective dates, the parties the rule names, and its terms for lead-based paint, hazards and evaluations. What sellers, lessors and agents must do is in the separate duties guide. goraedu does not train, test, license or certify home inspectors, and this is not a licensing exam. Home inspector licensing is set by each State, and State and local rules may add their own requirements, so check yours too. Every point links to its official source and quotes its exact words.
What the rule is and what it covers
Subpart F uses "the Act" for the Residential Lead-Based Paint Hazard Reduction Act of 1992.
“The Act means the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d.”
EPA explains that Congress passed this 1992 Act, also known as Title X, to protect families from exposure to lead from paint, dust, and soil.
“To protect families from exposure to lead from paint, dust, and soil, Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is also known as Title X (Title “ten”).”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
EPA issued the Lead-based Paint Disclosure Rule under section 1018 of that law.
“EPA issued a rule under section 1018 of this law known as the Lead-based Paint Disclosure Rule.”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
The subpart implements 42 U.S.C. 4852d, which imposes requirements on the sale or lease of target housing.
“This subpart implements the provisions of 42 U.S.C. 4852d, which impose certain requirements on the sale or lease of target housing.”
745.100 sums up the subpart: a seller or lessor of target housing shall disclose to the purchaser or lessee any known lead-based paint and/or lead-based paint hazards, provide available records and reports and a lead hazard information pamphlet, give purchasers a 10-day opportunity to conduct a risk assessment or inspection, and attach specific disclosure and warning language to the sales or leasing contract before the purchaser or lessee is obligated under a contract to purchase or lease target housing.
“Under this subpart, a seller or lessor of target housing shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards; provide available records and reports; provide the purchaser or lessee with a lead hazard information pamphlet; give purchasers a 10-day opportunity to conduct a risk assessment or inspection; and attach specific disclosure and warning language to the sales or leasing contract before the purchaser or lessee is obligated under a contract to purchase or lease target housing.”
"Available" means in the possession of or reasonably obtainable by the seller or lessor at the time of the disclosure.
“Available means in the possession of or reasonably obtainable by the seller or lessor at the time of the disclosure.”
EPA says Title X directs EPA and HUD to require disclosure of known information on lead-based paint and hazards before the sale or lease of most housing built before 1978.
“Title X directs EPA and the Department of Housing and Urban Development (HUD) to require the disclosure of known information on the presence of lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
EPA describes the kinds of housing the rule applies to: most pre-1978 private housing, public housing, federally owned housing, and housing receiving federal assistance.
“The Lead-Based Paint Disclosure Rule applies to most pre-1978 private housing, public housing, federally owned housing, and housing receiving federal assistance.”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
EPA says the disclosure requirement is designed to help people make more informed choices based on the information they receive.
“It is designed to help people make more informed choices based on the information they receive.”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
According to EPA, homebuyers and renters of most housing built before 1978 have the right to know whether lead-based paint and hazards are present before signing a contract or lease.
“Homebuyers and renters of most housing built before 1978 have the right to know whether lead-based paint and lead-based paint hazards are present before signing a contract or lease.”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
Not covered here
What sellers, lessors and agents must do (40 CFR 745.107 to 745.119) is set out in the separate lead disclosure duties guide. We only write what an official source states, so study these parts with your certifying program's materials.
Target housing and its exceptions
Target housing is housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling. Those exceptions do not apply if any child who is less than 6 years of age resides or is expected to reside in the housing.
“Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing).”
A 0-bedroom dwelling is a residential dwelling in which the living area is not separated from the sleeping area.
“0-bedroom dwelling means any residential dwelling in which the living area is not separated from the sleeping area.”
The rule says the term 0-bedroom dwelling includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.
“The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.”
Housing for the elderly means retirement communities or similar housing reserved for households of one or more persons 62 years of age or more at the time of initial occupancy.
“Housing for the elderly means retirement communities or similar types of housing reserved for households composed of one or more persons 62 years of age or more at the time of initial occupancy.”
EPA's page lists zero-bedroom units among the housing the rule does not apply to, with the same condition: unless a child under six years of age resides or is expected to reside there.
“Zero-bedroom units, such as efficiencies, lofts, and dormitories (unless a child under six years of age resides or is expected to reside in such housing);”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
EPA's page also lists housing specifically for the elderly or persons with disabilities, again unless a child under six years of age resides or is expected to reside there.
“Housing specifically for the elderly or persons with disabilities (unless a child under six years of age resides or is expected to reside in such housing);”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
EPA explains that the rule does not cover post-1977 housing because the Consumer Product Safety Commission banned residential lead-based paint in 1978.
“Housing built after 1977 (this rule does not cover post-1977 housing since the Consumer Product Safety Commission banned residential lead-based paint in 1978);”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
EPA notes that although lead-based paint for use in homes was banned in 1978, it is still present in millions of homes.
“Though lead-based paint for use in homes was banned in the U.S. in 1978, it is still present in millions of homes.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
A residential dwelling is one of two options: a single-family dwelling, including attached structures such as porches and stoops, or a single-family dwelling unit in a structure with more than one separate residential dwelling unit, each used or intended to be used as a residence.
“Residential dwelling means: (1) A single-family dwelling, including attached structures such as porches and stoops; or (2) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the residence of one or more persons.”
A common area is a portion of a building generally accessible to all residents/users; the rule gives hallways, stairways, laundry and recreational rooms, playgrounds, community centers, and boundary fences as examples.
“Common area means a portion of a building generally accessible to all residents/users including, but not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, and boundary fences.”
Not covered here
The rule text does not define "persons with disabilities"; this guide does not add a meaning of its own. We only write what an official source states, so study these parts with your certifying program's materials.
Exempt sales and leases
Subpart F applies to all transactions to sell or lease target housing, including subleases, with the exceptions listed in 745.101.
“This subpart applies to all transactions to sell or lease target housing, including subleases, with the exception of the following:”
Sales of target housing at foreclosure are excepted.
“(a) Sales of target housing at foreclosure.”
Foreclosure means any of the various methods, statutory or otherwise, of enforcing payment of a debt by the taking and selling of real property.
“Foreclosure means any of the various methods, statutory or otherwise, known in different jurisdictions, of enforcing payment of a debt, by the taking and selling of real property.”
Leases of target housing found to be lead-based paint free are excepted when the finding is by an inspector certified under the Federal certification program or under a federally accredited State or tribal certification program.
“(b) Leases of target housing that have been found to be lead-based paint free by an inspector certified under the Federal certification program or under a federally accredited State or tribal certification program.”
Until a Federal or federally accredited State certification program is in place within the State, inspectors certified under any existing State or tribal inspector certification program shall be considered qualified to conduct an inspection for this purpose.
“Until a Federal certification program or federally accredited State certification program is in place within the State, inspectors shall be considered qualified to conduct an inspection for this purpose if they have received certification under any existing State or tribal inspector certification program.”
The lessor has the option of using results of additional test(s) by a certified inspector to confirm or refute a prior finding.
“The lessor has the option of using the results of additional test(s) by a certified inspector to confirm or refute a prior finding.”
Short-term leases of 100 days or less are excepted, but only where no lease renewal or extension can occur.
“(c) Short-term leases of 100 days or less, where no lease renewal or extension can occur.”
EPA's page gives vacation houses and short-term rentals as examples of such leases, with the same condition that no renewal or extension can occur.
“Leases for 100 days or less, such as vacation houses or short-term rentals where no lease renewal or extension can occur;”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
Renewals of existing leases are excepted where the lessor has previously disclosed all information required under 745.107 and no new information described in 745.107 has come into the lessor's possession.
“(d) Renewals of existing leases in target housing in which the lessor has previously disclosed all information required under § 745.107 and where no new information described in § 745.107 has come into the possession of the lessor.”
For this exception, renewal includes both renegotiation of existing lease terms and/or ratification of a new lease.
“For the purposes of this paragraph, renewal shall include both renegotiation of existing lease terms and/or ratification of a new lease.”
EPA's page describes the lead-based paint free exception as housing whose painted surfaces have been tested by a certified inspector or risk assessor and found to be lead-based paint free.
“Housing in which painted surfaces have been tested by a certified lead-based inspector or risk assessor and found to be lead-based paint free; and”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
Lead-based paint free housing means target housing found to be free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.
“Lead-based paint free housing means target housing that has been found to be free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.”
Not covered here
In the rule text (745.101(b)) the lead-based paint free exception is worded for leases of target housing; this guide does not go beyond that wording. We only write what an official source states, so study these parts with your certifying program's materials.
Effective dates and owners
For owners of more than four residential dwellings, the requirements took effect on September 6, 1996.
“(a) For owners of more than four residential dwellings, the requirements shall take effect on September 6, 1996.”
For owners of one to four residential dwellings, the requirements took effect on December 6, 1996.
“(b) For owners of one to four residential dwellings, the requirements shall take effect on December 6, 1996.”
An owner is any entity with legal title to target housing, except where a mortgagee holds legal title as collateral for a mortgage loan; then the owner is the mortgagor.
“Owner means any entity that has legal title to target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations, except where a mortgagee holds legal title to property serving as collateral for a mortgage loan, in which case the owner would be the mortgagor.”
Sellers, lessors, agents and other parties
EPA states that sellers, landlords, property managers, and real estate agents are all responsible for compliance.
“Sellers, landlords, property managers, and real estate agents are all responsible for compliance.”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
A seller is any entity that transfers legal title to target housing, in whole or in part, in return for consideration; the definition includes government agencies, housing agencies, trusts and nonprofit organizations among others.
“Seller means any entity that transfers legal title to target housing, in whole or in part, in return for consideration, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.”
"Seller" also includes an entity that transfers shares in a cooperatively owned project in return for consideration.
“The term “seller” also includes: (1) An entity that transfers shares in a cooperatively owned project, in return for consideration; and”
"Seller" also includes an entity that transfers its interest in a leasehold, where it is legally permissible to separate the fee title from the title to the improvement, in return for consideration.
“(2) An entity that transfers its interest in a leasehold, in jurisdictions or circumstances where it is legally permissible to separate the fee title from the title to the improvement, in return for consideration.”
A lessor is any entity that offers target housing for lease, rent, or sublease.
“Lessor means any entity that offers target housing for lease, rent, or sublease, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.”
A purchaser is an entity that enters into an agreement to purchase an interest in target housing.
“Purchaser means an entity that enters into an agreement to purchase an interest in target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.”
A lessee is any entity that enters into an agreement to lease, rent, or sublease target housing.
“Lessee means any entity that enters into an agreement to lease, rent, or sublease target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.”
An agent is any party who enters into a contract with a seller or lessor, or with a representative of the seller or lessor, for the purpose of selling or leasing target housing.
“Agent means any party who enters into a contract with a seller or lessor, including any party who enters into a contract with a representative of the seller or lessor, for the purpose of selling or leasing target housing.”
The term "agent" does not apply to purchasers or to a purchaser's representative who receives all compensation from the purchaser.
“This term does not apply to purchasers or any purchaser's representative who receives all compensation from the purchaser.”
A contract for the purchase and sale of residential real property is any contract or agreement in which one party agrees to purchase an interest in real property with one or more residential dwellings used or occupied, or intended to be, as a home or residence.
“Contract for the purchase and sale of residential real property means any contract or agreement in which one party agrees to purchase an interest in real property on which there is situated one or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.”
Not covered here
What each party must do is set out in the separate lead disclosure duties guide. We only write what an official source states, so study these parts with your certifying program's materials.
Lead-based paint and hazards
Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight (one of the two measures).
“Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.”
A lead-based paint hazard is any condition that causes exposure to lead from lead-contaminated dust, soil, or paint that is deteriorated or present in accessible, friction, or impact surfaces that would result in adverse human health effects as established by the appropriate Federal agency.
“Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate Federal agency.”
EPA says lead-based paint is usually not a hazard if it is in good condition, but deteriorating lead-based paint is a hazard and needs prompt attention.
“Lead-based paint is usually not a hazard if it is in good condition. However, deteriorating (peeling, chipping, chalking, cracking, or damaged) lead-based paint is a hazard and needs prompt attention.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards, through methods including interim controls and abatement.
“Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.”
Evaluations, inspections and risk assessments
In this subpart, an evaluation means a risk assessment and/or inspection.
“Evaluation means a risk assessment and/or inspection.”
An inspection is a surface-by-surface investigation to determine the presence of lead-based paint, and the provision of a report explaining the results.
“Inspection means: (1) A surface-by-surface investigation to determine the presence of lead-based paint as provided in section 302(c) of the Lead-Based Paint Poisoning and Prevention Act [42 U.S.C. 4822], and (2) The provision of a report explaining the results of the investigation.”
A risk assessment is an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in residential dwellings.
“Risk assessment means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in residential dwellings, including:”
A risk assessment includes information gathering regarding the age and history of the housing and occupancy by children under age 6.
“(1) Information gathering regarding the age and history of the housing and occupancy by children under age 6;”
A risk assessment also includes visual inspection and limited wipe sampling or other environmental sampling techniques.
“(2) Visual inspection; (3) Limited wipe sampling or other environmental sampling techniques;”
A risk assessment also includes provision of a report explaining the results of the investigation.
“(5) Provision of a report explaining the results of the investigation.”
Not covered here
This guide does not describe how inspections or risk assessments are carried out; the rule text here only defines the terms. We only write what an official source states, so study these parts with your certifying program's materials.
Sources
- eCFR: 40 CFR 745.103, Definitions (as of Nov 12, 2026)Checked November 15, 2026
- EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)Checked November 15, 2026
- eCFR: 40 CFR 745.100, Purpose (as of Nov 12, 2026)Checked November 15, 2026
- EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)Checked November 15, 2026
- eCFR: 40 CFR 745.101, Scope and applicability (as of Nov 12, 2026)Checked November 15, 2026
- eCFR: 40 CFR 745.102, Effective dates (as of Nov 12, 2026)Checked November 15, 2026
Other Home inspector study guides: Lead disclosure: what sellers, landlords and agents must do, Radon testing in home sales, Radon reduction and radon-resistant features