Asbestos and Lead Information for Real Estate Professionals
The information on this page is for real estate professionals.
Asbestos and lead pose health risks, and they may be found in buildings and other structures. Because of this, the Health Department and the Environmental Protection Agency have specific requirements for the maintenance, renovation and demolition of buildings and other structures.
Asbestos-containing materials (ACMs) are only dangerous when they are disturbed or handled incorrectly. If ACMs are not handled properly, asbestos particles can be breathed in. Even a small amount of ACM can cause health effects. Learn more about the hazards and health effects of asbestos.
Lead-based paint becomes a hazard when it is disturbed. This can be from chipping and peeling paint, when painted surfaces rub together, or when the paint is not properly sanded, scraped or burned. If lead-based paint is not handled properly, lead dust can be breathed in or swallowed by workers and by people, especially children, who use the building or other structure. Learn more about the hazards and health effects of lead.
What You Need to Know About Asbestos and Lead Requirements
For rental properties and child care facilities built before 1978, if the property is not in compliance with the Vermont Lead Poisoning Prevention Law at the time of sale:
- The buyer must bring the property in full IRC Practices compliance within 60 days of closing, unless an extension of time is granted by the Commissioner of Health.
- A request for an extension may be made by emailing IRCPractices@vermont.gov. The Commissioner may grant the request only for good cause.
- Failure to bring the property into IRC Practices compliance carries a mandatory civil penalty.
Learn about about IRC Practices and the Vermont Lead Poisoning Prevention Law
Asbestos
There is no required information about asbestos for sellers to provide to buyers.
Lead
The Vermont Lead Poisoning Prevention Law requires sellers to provide lead disclosure information and educational materials approved by the Health Department during real estate transactions for all pre-1978 housing, whether owner-occupied or rental.
Seller Responsibilities: Pre-1978 Residential Rental Properties
These educational materials must be given to the buyer when selling a residential rental property:
- Vermont Lead Law: What Landlords and Child Care Providers Need to Do
- Protect Your Family from Lead in Your Home
- Lead Hazards in Housing
- Don’t Spread Lead brochure
The following must be verified:
- Inspection, Repair and Cleaning (IRC) Practices have been completed.
- A current IRC Practices Compliance Statement has been filed with the Health Department.
The following must be disclosed:
- Any information or documentation regarding the presence of lead paint, such as any testing that has been performed.
- If the property is currently subject to an assurance of discontinuance, administrative order or court order.
The Vermont Lead Law Disclosure and IRC Practices Verification Form is used before the execution of a purchase and sale agreement. Depending upon the circumstances of the sale, it may also be needed at the time of sale.
A separate federally required lead law disclosure form may be required.
Seller Responsibilities: Pre-1978 Owner-Occupied Single Family Homes (non-rental)
These educational materials must be given to the buyer when selling an owner-occupied single-family home (non-rental):
- Protect Your Family from Lead in Your Home
- Lead-Safe Certified Guide to Renovate Right
- What Homeowners, Renters and Child Care Providers Need to Know About Vermont's RRPM Regulations
Disclose any information or documentation regarding the presence of lead paint, such as any testing that has been performed.
The Vermont Lead Law Disclosure (Single Family Home) Form will rarely be needed. It is only for use when a single-family home is subject to an assurance of discontinuance, administrative order or court order and the terms of which are not completed.
A separate federally required lead law disclosure form may be required.
Seller Responsibilities: Certified Lead-Free Pre-1978 Residential Structure
The Vermont Lead Law Disclosure (Lead-free Property) Form will be used infrequently. It is for use when residential housing has been certified lead-free by a Vermont-licensed Lead Inspector or Risk Assessor, who has conducted an inspection using an XRF machine, the results have been sent to the Health Department, and the Department has approved an exemption from IRC Practices.
