How to use your 10-day lead paint inspection window
If you're buying a home built before 1978, federal rules give you a 10-day lead paint inspection period to test for lead paint and lead hazards. You don't have to use it, and you and the seller can lengthen, shorten or waive it in writing. Book a certified professional right away, because written reports can take a week.
Lead paint inspection vs risk assessment: what each tells you
You can order two different tests, and they answer different questions. A lead-based paint inspection tells you if the home has lead paint and where. It won't tell you if that paint is a hazard today. A risk assessment tells you if there are hazards now from paint, dust or soil, and what to do about them. You can also order both together.
Age is your first clue. EPA estimates that lead paint is in 87% of homes built before 1940, 69% of homes from 1940 to 1959, and 24% of homes from 1960 to 1977. Paint in good condition is usually not a problem, so the state of the paint matters as much as its age. Children under six face the greatest risk.
The rule covers most pre-1978 housing. Exceptions include foreclosure sales and homes a certified inspector has found free of lead paint. The seller must share what they know, hand over any reports, and give you EPA's pamphlet and a Lead Warning Statement. They don't have to test the home or pay for a test.
How to use your 10-day lead paint inspection
- Find the lead paperwork
Before you sign, look for the disclosure statement, the 'Protect Your Family From Lead in Your Home' pamphlet, the Lead Warning Statement and any past reports.
- Read your contract's deadline
Confirm how many days you have and when they start. Any change needs written agreement from you and the seller.
- Pick the right test
With children under six, or if you want to know what to fix first, a risk assessment or combination visit tells you more than a paint inspection alone.
- Book in the first day or two
Find certified pros through 1-800-424-LEAD or your state program, and confirm the written report will arrive before your deadline.
- Tell the assessor your plans
Mention kids, gardens and any planned renovation. Risk assessors sample deteriorated paint, dust near painted surfaces and bare soil.
- Read the full report
Ask about anything unclear. EPA tells owners to read the report closely and keep an eye on known lead paint areas.
- Decide before the window closes
Put any request to the seller in writing through your agent, and keep the report with your home records.
How to read your 10-day lead paint inspection results
| Report says | What it means | Usual next step |
|---|---|---|
| No lead-based paint found | Keep this report. It may matter when you sell | Save it with your closing papers |
| Lead paint present, in good condition | Not automatically a hazard | Monitor it and plan any work with lead-safe contractors |
| Deteriorating paint, or wear on windows, doors or stairs | Paint chips and dust can form | Ask the assessor which fixes come first |
| Any reportable lead dust | EPA now treats this as hazardous | Clean with wet methods. EPA reserves abatement for dust at its action levels: 5 µg/ft² on floors, 40 on sills, 100 in troughs |
| Bare soil at 400 ppm or more in play areas, or an average of 1,200 ppm elsewhere in the yard | EPA's soil hazard levels | Cover the soil and keep children off it |
Using your lead paint contingency if the results are bad
The federal rule gives you information and time. Your contract decides what you can do with them. Talk to your agent or a real estate attorney about what your contingency allows, and check for state or local lead laws, which can add requirements.
If you keep the house, hire a Lead-Safe Certified firm for paid work that disturbs more than 6 square feet of interior paint per room or 20 square feet of exterior paint, and for any window replacement. Don't try to remove lead paint yourself.
If a seller or agent skipped the disclosure, they can be sued for triple damages and may face civil and criminal penalties, so get legal advice. If you're worried about a child's exposure, call your pediatrician.
Lead paint inspection period questions
Can the 10-day lead inspection period be waived?
Yes. EPA says it can be lengthened, shortened or waived by mutual written consent of the buyer and seller. Think hard before waiving it if young children will live in the home.
Does the seller have to pay for a lead test?
No. The rule doesn't require the seller to run or pay for a test, and it doesn't require you to test either. It only requires the seller to give you the chance.
Can I use a hardware store lead test kit instead?
EPA recommends hiring a certified inspector or risk assessor. It has recognized three kits, but only for use by Lead-Safe Certified renovators, and the Consumer Product Safety Commission has urged caution with consumer kits.
What you’ll need
Sources: EPA, inspectandtest.net
General guidance for U.S. homes, not professional advice. For gas, electrical and structural work, call a licensed pro.