Checking the federal lead-disclosure scope for an older residence
Determine if your property falls under federal lead-based paint disclosure rules by checking build dates and specific exemption categories for Illinois sellers.
The short answer
Federal law requires the disclosure of known lead-based paint hazards for housing built before 1978. If your home was constructed in 1978 or later, these federal disclosure rules generally do not apply. Exemptions exist for zero-bedroom units, short-term leases under 100 days, and housing specifically for the elderly or disabled, provided no children under six reside there.
The 1978 Threshold
Lead-based paint was banned in the U.S. in 1978. Consequently, any residential property built before this year is subject to the federal Lead-based Paint Disclosure Rule. If you are uncertain of the exact build date, consult your property tax records or original construction documents. Accuracy here is vital to avoid non-compliance.
Identifying Mandatory Disclosures
If your home is pre-1978, you must provide a Lead Warning Statement and disclose all known information about lead-based paint. You must also share all existing records or reports with the buyer. You are not required to conduct new testing, but you must be transparent about what you already know.
Evaluating Potential Exemptions
Check if your property fits an exemption, such as being a zero-bedroom studio or housing for the elderly. Note, however, that even if the housing is for the elderly, the exemption may be void if a child under six lives there. Do not assume you are exempt without verifying the current occupancy status.
The Buyer's Inspection Right
Buyers have a 10-day period to conduct their own lead inspection or risk assessment. You and the buyer may mutually agree to modify or waive this period. Always document such agreements in writing to protect your position. The buyer is not required to perform the inspection, but you must provide them the opportunity.
Worksheet: Lead Compliance Planning
Run this check: (1) Year Built? If 1978+, exempt. (2) If pre-1978, do I have prior test reports? (3) Is this a zero-bedroom unit? (4) Am I holding a foreclosure sale? (5) Have I signed a Lead Warning Statement? If you answered 'pre-1978' and 'no' to exemptions, you must proceed with full disclosure.
Checklist
- Verify your home's construction date via official records.
- Gather all existing lead-related reports in your possession.
- Ensure you have a copy of the federal lead warning statement.
- Confirm if the buyer wishes to exercise the 10-day inspection period.
- Retain your disclosure records for at least three years after the sale.
Common questions
Must I test my home for lead before selling?
No. Federal law requires the disclosure of known lead-based paint information and the provision of existing records, but it does not mandate new testing.
What happens if I don't know if lead paint exists?
You are only required to disclose what you know. If you have no knowledge and no existing reports, state that you have no knowledge of lead-based paint.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Condominium Property Act — 2025 editionChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.