Portsmouth, VA Building Safety: Lead Paint (2026)
Key Facts
- Trigger
- City notice of a lead-based paint code violation
- Disclosure timing
- Before purchase agreement or deed is signed
- Penalty for non-disclosure
- Civil penalty up to $1,000.00 plus damages
- Eviction protection
- No eviction to dodge lead abatement (Sec. 17-28)
- Financial hardship option
- Landlord may seek court-ordered lease termination instead
Summary
Once Portsmouth's building officials or health department notify a property owner that a residential building has unlawful levels of lead-based paint, the owner must tell prospective buyers in writing before any purchase agreement or deed is signed. Owners who skip this notice are liable for resulting damages plus a civil penalty of up to $1,000.00.
(a)Whenever any property owner has been notified by any representative of the department of permits and inspections, the local building official, or any representative of the city health department that any residential premises has levels of lead-based paint in violation of the Uniform Statewide Building Code, such property owner shall notify prospective purchasers in writing of the presence of unacceptable levels of lead-based paint in such premises and the requirements concerning the removing of the same. ... (c)Any person who fails to comply with the provisions of this section shall be liable for all damages caused by his failure to comply and shall, in addition, be liable for a civil penalty not to exceed $1,000.00.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Sec. 17-29(a) applies once a property owner has been notified by the department of permits and inspections, the local building official, or the city health department that a residential property has lead-based paint levels violating the Uniform Statewide Building Code. From that point, the owner must notify any prospective purchaser in writing of the unacceptable lead levels and what is required to remove them, and must attach a copy of the notice the owner received from the city. Subsection (b) requires that disclosure before a purchase or sales agreement is signed, or before a deed is signed if there is no purchase agreement; the requirement does not reach transactions where the agreement or deed was signed before July 1, 1991.
00. A related protection sits at Sec. 17-28: a landlord found in violation of the Virginia Maintenance Code's lead-based paint provisions cannot evict any occupant, including families with children, to dodge director- or court-ordered corrective maintenance meant to eliminate the lead hazard; tenants under a lease signed before the hazard was discovered keep their occupancy unless a court orders otherwise. Sec. 21.
Violations & Fines
Selling a residential structure with known lead-based paint hazards without the written disclosure required by Sec. 17-29 makes the owner liable for resulting damages and a civil penalty of up to $1,000.00. Evicting a tenant, or a family with children, to sidestep lead-hazard abatement violates Sec. 17-28 and exposes the landlord to the misdemeanor penalties under Sec. 17-27, up to $2,500.00 per offense.
Frequently Asked Questions
Do Portsmouth home sellers have to disclose lead paint?
Can a Portsmouth landlord evict a tenant to avoid fixing a lead hazard?
What is the penalty for not disclosing lead paint before a sale?
Sources & Official References
Other rules in Portsmouth
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