Asbestos and Lead Information for Real Estate Professionals 

This page outlines the requirements for real estate transactions as well as important information for buyers and sellers to know.

Did you know?
Why are asbestos and lead regulated in Vermont?

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.

Requirements for Real Estate Transactions

Vermont law requires sellers to disclose certain information about lead-based paint and provide educational materials approved by the Health Department during real estate transactions for all pre-1978 housing, whether it’s owner-occupied or rental. 

Additional requirements for rental housing

In addition to the educational materials and disclosures listed above, rental properties and child care facilities built before 1978 are required to comply with the Inspection, Repair and Cleaning (IRC) Practices. 

  • Sellers must provide buyers with a copy of the current IRC Practices Compliance Statement.
  • Sellers must disclose if the property is currently subject to an enforcement action, such as an assurance of discontinuance, administrative order or court order.
  • If the property is not in compliance with IRC Practices at the time of sale:
    • The buyer must bring the property into full IRC Practices compliance within 60 days of closing, unless the Commissioner of Health grants a time extension.
    • The buyer may request an extension by emailing [email protected]. The Commissioner may grant the request only for good cause.
    • Failure to bring the property into IRC Practices compliance carries a mandatory civil penalty.
  • Buyers or other transferees of title must report the sale or transfer of ownership to the Health Department at the time of sale or transfer by creating an account in the Asbestos & Lead Regulatory Program Licensing and Permitting Portal and linking the property to their account.

Important Information for Buyers and Sellers to Know

Can properties be inspected for asbestos or lead?

Asbestos

Yes. If the buyer wants the property inspected for asbestos, Vermont law requires that inspections be done only by a Vermont-licensed Asbestos Inspector. 

Vermont law also requires asbestos inspections before a renovation or demolition and when asbestos-containing materials are going to be disturbed. You can share the asbestos fact sheet with buyers so they have the information they need.

Lead

Yes. Lead-based paint inspections determine whether lead-based paint is present in a building. Federal guidelines require the inspections to be done by a Vermont-licensed Lead Inspector or Inspector-Risk Assessor. 

If a property or part of a property is free of lead-based paint, owner(s) of pre-1978 housing or child-occupied facilities may apply to be exempt from some or all parts of the lead regulations.

The State of Vermont does not require properties to be inspected for lead if the owners assume there is lead paint or coatings and treat the property accordingly.

Does asbestos or lead need to be removed from a home or building?

Asbestos

Asbestos is required by law to be removed from a home or building only if it is going to be demolished or renovated, or if asbestos-containing materials are damaged. You can share the asbestos fact sheet with buyers so they have the information they need.

Lead

No. Lead does not need to be removed from a home or building, unless due to a court order or similar legal action.

Can the home or building be tested for asbestos or lead hazards?

Asbestos

If the buyer wants to know whether there are asbestos-containing materials in a home or building, they need to hire a Vermont-licensed Asbestos Inspector to conduct an inspection.

The Health Department recommends that buyers have a full building asbestos inspection performed by a Vermont-licensed Asbestos Inspector soon after purchasing a property. This inspection tells the buyer where asbestos-containing materials are so they will then know which parts to maintain in good condition or which parts must be abated by a Vermont-licensed Asbestos Abatement Company for any renovation. 

You can share the asbestos fact sheet with buyers so they have the information they need.

Lead

Lead-Based Paint

If the buyer wants to confirm whether lead-based paint is on a home or building, they need to hire a Vermont-licensed Lead Inspector or Inspector-Risk Assessor to conduct a lead inspection or risk assessment. 

Drinking Water

Test kits for lead in drinking water can be purchased from the Health Department Laboratory. Find out more about testing for lead in drinking water

Are there laws for renovation or other work done on homes or other buildings?

Asbestos

Yes. Under Vermont law, only licensed contractors are allowed to perform asbestos abatement activities and must follow the regulations regarding the handling and disposal of asbestos-containing materials.

Unsafe handling of asbestos-containing materials often leads to the need for asbestos cleanup by a Vermont-licensed Asbestos Abatement Company.

You can share the asbestos fact sheet with buyers so they have the information they need.

Lead

Under Vermont law, contractors are required to be licensed when they work on buildings built before 1978 and must use lead-safe work practices.

Unsafe work practices that disturb lead-based paint will create lead hazards (see Section 5). Under Vermont law, if lead hazards are created in any building or structure, the owner will be responsible for the cleanup.

More Information

Vermont Regulations for Asbestos Control
Vermont Regulations for Lead Control

Contact Us

Asbestos & Lead Regulatory Program

Mailing Address:

VT Dept of Health
Environmental Health
Asbestos & Lead Regulatory Program
280 State Drive
Waterbury, VT 05671-8350

Email: [email protected]

Phone: 802-863-7220 or 800-439-8550 (toll-free in Vermont)

Last Updated: