When is housing considered “built” for purposes of the lead-based paint disclosure rule?

QUESTION: I’ve just taken a listing on a property and I am trying to determine whether the seller is required to complete a Lead-Based Paint or Lead-Based Paint Hazard  Addendum (form 2A9-T). The property was deeded by the construction company that built the house on the property to the original purchaser in 1978. The Addendum refers  to housing built prior to 1978 so my assumption is that the seller does not need to complete the Addendum. Is that correct?

ANSWER: Not necessarily. According to the EPA and HUD, housing built 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 was started before January 1, 1978. See question #6 in HUD Guidance on the Lead-Based Paint Disclosure Rule  (Part I, August 21, 1996), available on the HUD website by clicking here.

Thus, if a construction permit was obtained for the house before January 1, 1978 or if construction commenced before January 1, 1978, the lead-based paint disclosure rule  would apply and the seller should complete the Addendum. If the permit is no longer available, we suggest that the seller complete the Addendum to be on the safe side.

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