Many of the Craftsman bungalows, Tudor Revival homes and early twentieth-century houses in older intown and close-in Atlanta neighborhoods were built well before 1978. That date matters, because the federal lead-based paint disclosure rule applies to the sale of most housing built before 1978. For anyone selling or buying a pre-1978 Atlanta home, the lead-based paint disclosure is a required step that sits alongside Georgia's own disclosure practices, the due diligence period and any renovation done before listing. This guide explains the federal process using U.S. Environmental Protection Agency (EPA) and U.S. Department of Housing and Urban Development (HUD) materials. It describes process only; questions about a specific contract belong with a Georgia real estate attorney.
Which Atlanta homes does the federal lead-based paint disclosure rule cover?
The rule covers "target housing," which federal regulations define as housing constructed prior to 1978, with limited exceptions. According to EPA, it applies to most pre-1978 private housing, public housing, federally owned housing and housing receiving federal assistance. For a typical sale of an early or mid-twentieth-century intown single-family home, the rule generally applies unless a specific exemption fits the transaction.
The rule comes from Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, known as Title X, and appears at 40 CFR Part 745, Subpart F, with a parallel HUD version at 24 CFR Part 35, Subpart A. The EPA real estate disclosure requirements page, last updated in May 2026, summarizes the covered housing and required steps.
How "built before 1978" is measured
In their August 1996 interpretive guidance for the real estate community, EPA and HUD explained that "housing constructed before 1978" means housing for which a construction permit was obtained before January 1, 1978, or, if no permit was obtained, housing in which construction started before that date.
What the rule exempts
EPA lists the following as not covered:
- Housing built after 1977.
- Zero-bedroom units, such as efficiencies, lofts and dormitories, subject to limited conditions in the regulation.
- Leases of 100 days or less, such as vacation houses or short-term rentals.
- Certain housing reserved for specific resident groups as defined in the regulation, subject to limited conditions.
- Housing in which painted surfaces have been tested and found to be lead-based paint free.
- Foreclosure sales.
One detail matters for sellers. In the regulation's scope section, 40 CFR 745.101, the exception for housing found lead-based paint free by a certified inspector is written for leases, and the EPA and HUD questions and answers document describes it as applying to rental housing. A seller holding such a report can ask a Georgia real estate attorney how it fits into a sale.
What must a seller of a pre-1978 home provide before the contract is signed?
Before a buyer is obligated under a contract, the seller must give the buyer the EPA pamphlet "Protect Your Family From Lead in Your Home," disclose any known lead-based paint and lead-based paint hazards, provide all available records and reports, and include a Lead Warning Statement with signed acknowledgments. The seller must also allow the buyer a 10-day opportunity to conduct an inspection or risk assessment.
Known information and available records
Under 40 CFR 745.107, the seller discloses any known lead-based paint or hazards, along with available information about the basis for that determination, the location of the paint and the condition of the painted surfaces. The same information must be disclosed to each agent, and the seller provides any records or reports available to the seller that pertain to lead-based paint or hazards. The rule is about disclosing what is known: EPA and HUD state that it does not require a seller to conduct or finance an inspection or risk assessment.
The EPA pamphlet and its 2026 revision
EPA's pamphlet page, last updated in June 2026, notes that a revised January 2026 version reflects new dust-lead action levels and dust-lead reportable levels effective January 12, 2026. EPA does not require users to discard older versions, but states that users should provide a supplement in the appropriate language when using prior versions so the updated information is provided.
The Lead Warning Statement and signed attachment
Under 40 CFR 745.113, each contract to sell target housing includes an attachment, or language within the contract, that begins with the Lead Warning Statement: "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint." The attachment also includes:
- The seller's statement disclosing known lead-based paint or hazards, or indicating no knowledge of them.
- A list of records or reports provided to the buyer, or a statement that none are available.
- The buyer's acknowledgment of receiving that information and the pamphlet, and a statement that the evaluation opportunity was received or waived.
- Each agent's statement that the seller was informed of the seller's obligations under 42 U.S.C. 4852d and that the agent is aware of the duty to ensure compliance.
- Signatures and dates from sellers, agents and buyers.
The 1996 guidance notes that the rule does not require a specific federal disclosure form, provided the attachment addresses the required content.
When disclosure comes after an offer
Under 40 CFR 745.107(b), if disclosure occurs after a buyer makes an offer, the seller completes the disclosure activities before accepting the offer and allows the buyer to review the information and possibly amend the offer.
What is the buyer's 10-day opportunity to test for lead, and can it be waived?
The seller must permit the buyer a 10-day period to conduct a risk assessment or inspection for lead-based paint or lead-based paint hazards, unless the parties agree in writing to a different period. According to EPA and HUD, the period can be lengthened, shortened or waived by mutual written consent, and the buyer's choice is recorded in the signed disclosure attachment.
Buyers in Georgia also work within a negotiated due diligence window, which our guide to what happens during the due diligence period when buying a home in Georgia explains. How the federal evaluation opportunity is reflected in a particular purchase agreement is a question for the buyer's agent and a Georgia real estate attorney.
What the rule does not require
The rule does not require the buyer to conduct or pay for an inspection; it ensures the opportunity exists. It also does not require a seller to remove lead-based paint or hazards discovered during an inspection, and EPA and HUD note that the parties may negotiate hazard reduction activities as a contingency of the sale. The fact sheet states that lead-based paint is usually not a hazard if it is in good condition, while deteriorating lead-based paint is a hazard that needs prompt attention.
What are real estate agents responsible for under the disclosure rule?
Agents must inform the seller of the seller's obligations under the rule and ensure the seller performs all required activities, or personally ensure compliance. Under 40 CFR 745.103, an agent is any party who contracts with a seller for the purpose of selling target housing. Each agent signs a statement in the disclosure attachment and keeps a copy for no less than three years.
EPA and HUD describe the agent's role as making sure sellers know their obligations, sellers disclose the proper information, buyers receive the opportunity to conduct an inspection, and contracts contain the appropriate disclosure language and signatures. EPA and HUD add that an agent is not responsible for information withheld by the seller.
How long must disclosure records be kept, and what happens if the rule is not followed?
The seller and any agent must retain a copy of the completed disclosure attachment for no less than three years from the completion date of the sale. EPA and HUD state that a seller or agent who fails to give the proper information can be sued for triple the amount of damages and may also be subject to civil and criminal penalties.
The enforcement section, 40 CFR 745.118, also allows a prevailing party in a civil action for damages to recover court costs and reasonable attorney fees. EPA's consumer-facing disclosure page and fact sheet describe penalties without listing dollar amounts, so questions about a specific situation belong with a Georgia real estate attorney.
How does the EPA renovation rule affect pre-listing work on an older home?
A separate rule governs contractors. EPA's Renovation, Repair and Painting (RRP) rule requires that anyone paid to perform work that disturbs painted surfaces in homes built before 1978 be certified, with employees trained as or by certified renovators. Painting preparation, carpentry and window replacement before listing an older home can fall within it.
EPA lists covered activities as including remodeling, electrical work, plumbing, painting preparation, carpentry and window replacement. Work disturbing six square feet or less of paint per room inside, or 20 square feet or less outside, is generally exempt, but window replacement and demolition of painted surfaces are always covered. Covered firms must distribute EPA's "Renovate Right" pamphlet before starting work.
Georgia administers its own renovation program
Georgia is one of the states EPA authorizes to run its own RRP program in place of the federal program. The Georgia Environmental Protection Division RRP page states that companies performing renovation, repair and painting projects that disturb lead-based paint in residential properties built before 1978 must be certified and use certified renovators. Georgia's RRP rules became effective December 9, 2010, and EPD publishes a list titled "Georgia Certified Lead-Based Paint Renovation Firms as of July 2026," which cautions that it is not updated regularly and that proof of current certification should be requested before hiring.
The two rules connect in a practical way. The disclosure rule covers records or reports available to the seller about lead-based paint, so if pre-listing work produced test results, raise that with your agent and attorney before the home goes on the market.
Where this fits with Georgia disclosure and historic review
The federal lead-based paint disclosure is separate from the property condition disclosure statements commonly used in Georgia sales, covered in our overview of Georgia's updated seller disclosure form and what Atlanta sellers must reveal. Owners in designated historic districts may also need design review for exterior changes, explained in our guide to renovating a historic home in Atlanta and the Certificate of Appropriateness process.
Frequently Asked Questions
Does a seller have to test a pre-1978 home for lead before listing it? No. EPA and HUD state the rule does not require a seller to conduct or finance an inspection or risk assessment. The seller discloses known information, provides available records and reports, and gives the buyer a 10-day opportunity to test.
Does a seller have to remove lead-based paint found during a buyer's inspection? The disclosure rule does not require removal. EPA and HUD note the parties may negotiate hazard reduction activities as a contingency of the sale; contract terms are a matter for your agent and a Georgia real estate attorney.
Can a buyer waive the 10-day lead inspection opportunity? Yes. The period can be lengthened, shortened or waived by mutual written consent, and the buyer's decision is recorded in the signed disclosure attachment.
Is a foreclosure sale covered by the lead-based paint disclosure rule? Sales of target housing at foreclosure are listed as an exception in 40 CFR 745.101 and in EPA's summary of the rule.
Can a seller use an older copy of the EPA lead pamphlet? EPA does not require discarding older versions, but states that users should provide a supplement when using prior versions so the updated January 2026 information is provided.
Conclusion
Selling or buying a pre-1978 Atlanta home follows a defined federal sequence: the EPA pamphlet, disclosure of known information and available reports, a Lead Warning Statement with signed acknowledgments, a 10-day evaluation opportunity the buyer may use or waive, and three years of record retention. Pre-listing work on older bungalows and Tudor homes adds Georgia's renovation program. To talk through timing and preparation for an older intown home, contact The Agency Atlanta.
