VA Properties and Lead Based Paint

If you have ever planned or ever plan in the future to purchase a property from the VA, you should know their policy on lead based paint. Any home or type of housing that was built before 1978 has a possibility of containing lead paint. Lead paint is hazardous to people, especially young children, and has resulted in many deaths. This is why the VA is concerned and has specific regulations for evaluation, reduction, and notification of lead paint in their properties.

The following actions are required by the VA to be done on all of their homes and the homes of people who are using the VA Home Loan Guarantee Program:

• The property must undergo a visual assessment and the assessor must submit a report on all of the painted surfaces at the property.
• If lead paint is present then there must be paint stabilization of any painted surface that has deteriorated paint.
• Once the problem has been remedied another report must be made called a clearance examination report. This is where a lead paint assessor comes back to the property to reassess and make sure all of the problem areas have been fixed to code.
• Even after the lead paint hazard has been fixed, it is still required by law to disclose the information that there is lead paint in the home to any buyer or potential buyer, and the VA.
• The VA also requires a licensed contractor to complete the process of removing or stabilizing the lead paint problem

There are certain circumstances the VA recognizes that would allow people to not immediately follow these requirements.

• If the family must inhabit the home due to an emergency or natural disaster they are allowed to seek shelter, but only for a limited amount of time until the home has been fixed to contain the lead poisoning hazard. This also means that if your home becomes a lead poisoning hazard because of a natural disaster that uncovers lead paint that was previously contained, you may live there for emergency purposes, but only for a specified amount of time.
• If the assessment of lead paint in the property takes an unreasonable amount of time due to the weather or other circumstances.
• If the home is scheduled for destruction and is and will remain unpopulated until its demolition time.

Once the home has been evaluated, the necessary reduction in lead paint has occurred, and all parties involved have been notified, then the problem has been solved and the home can be sold or purchased. Be careful when purchasing any home through the VA or independently. They are required by law to notify you if there is a lead paint hazard in the home, but be sure to have an expert come and tell you if they believe there is a lead paint hazard in the home. This will save you problems in the future and money in the long run.

For more information on the requirements on the VA and lead based paint read the “HUD Guidelines For the Evaluation and Control of Lead-Based Paint Hazards in Housing” at HUD Paint