Austin, TX Building Safety: Lead Paint (2026)
Key Facts
- Applies To
- All housing built before 1978
- Disclosure Required
- Known lead paint and hazards must be disclosed
- EPA Pamphlet
- Must be provided to buyers and tenants
- Buyer Inspection Period
- 10 days (waivable)
- Renovation Rule
- EPA RRP certification required for disturbing lead paint
Summary
Lead paint regulations in Austin follow federal law (Title X, Residential Lead-Based Paint Hazard Reduction Act of 1992) and EPA regulations (40 CFR Part 745). Sellers and landlords of pre-1978 housing must disclose known lead-based paint hazards, provide the EPA pamphlet, and allow a 10-day inspection period for buyers. Texas does not have a state lead paint law beyond federal requirements, and Austin does not impose additional municipal lead paint ordinances.
The Lead-based Paint Disclosure Rule requires sellers, landlords, real estate agents and property managers to provide specific information about known lead-based paint and lead-based paint hazards before prospective renters and homebuyers sign a lease or contract. This requirement applies to most pre-1978 private housing, public housing, federally owned housing, and housing receiving federal assistance. [...] Before a homebuyer signs a contract for a housing sale or a renter signs a lease, federal law requires sellers, landlords, real estate agents and property managers to: Give buyers and renter a copy of the Protect Your Family From Lead In Your Home (PDF) pamphlet [...] Disclose any known information about the presence of lead-based paint and lead-based paint hazards in the home or building. [...] Provide all available records and reports on the presence of lead-based paint and lead-based paint hazards in the housing being sold or leased. [...] Provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. [...] Keep a signed copy of the disclosures for three years after the sale is completed or the lease begins.
Full Breakdown
C. 4851-4856) and EPA regulations (40 CFR Part 745), all sellers and landlords of housing built before 1978 in Austin must disclose known lead-based paint and lead-based paint hazards, provide buyers and tenants with a copy of the EPA pamphlet 'Protect Your Family From Lead in Your Home,' and for sales transactions, allow the buyer a 10-day period to conduct a lead paint inspection or risk assessment (this period can be waived). In Texas, the Texas Real Estate Commission (TREC) provides the standard lead-based paint addendum form for real estate transactions.
Renovation, repair, and painting activities that disturb lead-based paint in pre-1978 housing must be performed by EPA-certified renovators following the EPA RRP Rule (40 CFR 745 Subpart E). Austin's property maintenance code (adopted under Chapter 25-12 of the Land Development Code) requires habitable structures to be maintained in a safe condition, which includes addressing peeling or deteriorating paint in pre-1978 buildings when lead hazards are suspected.
Violations & Fines
Failure to provide lead paint disclosure can result in federal penalties of up to $21,018 per violation under the Toxic Substances Control Act. Landlords may also be liable for up to three times the amount of damages in private lawsuits. Performing renovation work without EPA RRP certification can result in fines up to $46,192 per day of violation.
Frequently Asked Questions
Does Austin have a local lead paint ordinance?
Do I need to test for lead paint before selling a home in Austin?
Sources & Official References
Other rules in Austin
Texas rules heatmap·Compare Austin to another location·View the Texas building safety overview
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