The Lead-Based Paint Disclosure in Virginia: Pre-1978 Homes Explained

The Short Answer

If a home was built before 1978, federal law requires a lead-based paint disclosure. The seller discloses any known lead-based paint or hazards and hands over any reports, the buyer receives the EPA pamphlet "Protect Your Family From Lead in Your Home," and the buyer gets an opportunity, usually 10 days, to have a lead risk assessment or inspection, which the buyer can also waive. Sellers, buyers and agents all sign to certify the information is accurate.

This guide is part of my series on the documents you'll sign buying or selling a home in Virginia, which walks through the main forms in the order they show up. The form travels with the Residential Property Disclosure Statement and is referenced in the purchase agreement.

Why It Comes Up So Often in Hampton Roads

A large share of the housing in Norfolk and Portsmouth, and older sections of Chesapeake and Virginia Beach, was built before 1978. Neighborhoods like Colonial Place, Ghent, Park Place, Olde Towne, Cradock and Park View are full of homes where this form is part of every sale. My guide on what a home inspection should cover on an older home explains the other issues that tend to come with age.

Who Completes It and in What Order

The seller completes their section first: whether they know of lead-based paint or hazards, and whether they have any reports. Then the buyer acknowledges receiving the information and the pamphlet and chooses whether to take the inspection opportunity or waive it. Buyers shouldn't sign until the seller's part is filled out. Agents sign to certify they've informed the seller of their obligations.

The 10-Day Opportunity

The buyer's lead inspection window is separate from, but often runs alongside, the general home inspection period. Lead-based paint inspections can also be selected in the Property Inspection Contingency Addendum. If the buyer finds lead hazards, what happens next is negotiated, often through the removal addendum.

What People Commonly Misunderstand

"No known lead means there is no lead." Most sellers of older homes simply don't know. "No knowledge" isn't a test result.

"The seller has to remove the lead." The law requires disclosure, not removal. Any remediation is negotiated.

"Renovations erased the risk." Lead paint often remains under newer coats, and renovation work can disturb it.

Frequently Asked Questions

Does it apply to homes built in 1978? It applies to housing built before 1978.

Can a buyer waive the inspection? Yes, the buyer can waive the opportunity in writing.

Is this a Virginia form? It's a federal requirement, used on Virginia sales.

Next Steps

If you're buying or selling an older home in Norfolk or Portsmouth, I'll make sure this disclosure is done correctly and the buyer's window is tracked. Reach out to me.

This article is general information about how these documents commonly work in Virginia, not legal advice. Forms are updated from time to time and every transaction is different, so read the version you're actually given and talk with a Virginia real estate attorney about legal questions.