Short answer: The Consumer Product Safety Commission banned lead paint for residential use in 1978 (EPA). But the ban only stopped new lead paint from being sold. It did not remove lead paint already on walls, and HUD’s national survey estimates that 85% of homes built before 1940, 61% of homes from 1940–59 and 24% of homes from 1960–77 still have some (HUD).
Check a specific house: Lead-based paint is rated high for homes built before 1960 and medium from 1960 to 1977. Open the House Age Decoder with 1950 loaded →
The 1978 ban, exactly
On September 2, 1977, the CPSC announced its final ban on lead-containing paint for consumer use. It lowered the allowed lead content from 0.5% to 0.06% and covered paint plus toys and furniture coated with it. The ban took effect 180 days after publication in the Federal Register and applied to products made on and after that date (CPSC, 1977). That is why 1978 became the line used in federal housing rules.
Some products were exempt, including artists’ paints and certain industrial and agricultural coatings. The same CPSC announcement notes that an earlier federal law already barred applying lead-based paint to federally assisted housing.
Why 1978 isn’t the whole story
1. The ban didn’t remove anything
Paint is applied in layers. A house painted with lead paint in 1950 and repainted with modern paint in 1990 still has lead underneath. It only becomes a hazard when it deteriorates or is disturbed, for example by sanding, scraping or friction on windows and doors.
2. Risk rises sharply with age
HUD’s American Healthy Homes Survey II estimates the share of US housing units with lead-based paint anywhere in the building by year built (HUD, Table ES-1):
| Year built | Homes with lead-based paint (estimate) |
|---|---|
| Before 1940 | 85.4% |
| 1940–1959 | 61.0% |
| 1960–1977 | 23.6% |
| 1978 or later | 6.5% |
3. Some post-1978 homes still have it
HUD’s estimate for homes built in 1978 or later is not zero. Older stock, exempt coatings and renovation materials are possible explanations, but the survey does not break that down. The practical lesson: 1978 lowers the odds a lot, it does not guarantee a lead-free house.
4. Paint is not the only lead source
EPA says lead pipes are more likely in homes built before 1986, and lead service lines are typically the biggest source of lead in drinking water where they exist (EPA). A house can pass on paint and still have a lead question in the plumbing.
What 1978 means when you buy
For most housing built before 1978, sellers and landlords must follow the federal lead disclosure rule (EPA):
- Give buyers the EPA pamphlet Protect Your Family From Lead in Your Home.
- Disclose any known lead-based paint or hazards and hand over available reports.
- Include a Lead Warning Statement in the contract.
- Give buyers 10 days to have a lead inspection or risk assessment done. Buyers can waive this or agree to a different period in writing.
The disclosure only covers what the seller knows. A seller who never tested can truthfully say they know of no lead paint. If you want facts, use the 10-day window.
What 1978 means when you renovate
EPA’s Renovation, Repair and Painting (RRP) rule applies to paid work that disturbs painted surfaces in homes built before 1978. Firms must be lead-safe certified and use lead-safe work practices (EPA). The rule generally does not apply to owners working on their own homes, unless they rent out the property, run a childcare center there or renovate homes to sell. EPA still recommends that homeowners hire a lead-safe certified contractor.
How to know whether a house has lead paint
You cannot tell by looking. Old paint that is chalking, peeling or cracking, especially on windows, doors, porches and trim, is a reason to test, not proof of lead. Reliable answers come from:
- A lead-based paint inspection, which tells you where lead paint is.
- A risk assessment, which tells you whether there are hazards now, such as lead dust or deteriorating paint, and how to address them.
- Both are done by certified professionals. Your state or EPA can help you find one.
Questions to ask
The seller
- Has the house ever been tested for lead paint? Can I see the report?
- Has any renovation disturbed old paint, and was it done by a lead-safe certified firm?
- Were windows replaced, and when?
The home inspector
- Did you see deteriorated paint on windows, doors, porches or trim?
- Do you offer a lead inspection, or can you refer a certified inspector or risk assessor?
Your contractor
- Is your firm EPA lead-safe certified (or certified under my state’s program)?
- How will you contain dust and clean up?
What to do
- Use the 10-day inspection window if you are buying a pre-1978 home.
- Do not dry-sand, scrape or power-wash old paint. Hire a lead-safe certified firm for work that disturbs it.
- Keep painted surfaces in good condition and clean up paint chips and dust.
- Check the water too, especially in homes built before 1986.
This guide is general information, not legal advice about disclosure obligations. See our Disclaimer.
Where lead paint usually causes trouble
Lead paint that is intact and out of reach is a different situation from paint that is rubbed, chipped or chewed. The places to watch in a pre-1978 house:
- Windows. Sashes rubbing in their frames grind paint into dust, which collects on sills and in window troughs.
- Doors and jambs. Friction and impact at edges and hinges.
- Porches, railings and stairs. Weather and wear break down exterior paint.
- Exterior siding and trim. Peeling paint can end up in the soil around the house.
- Any surface someone plans to sand, scrape or demolish.
Common misunderstandings
- “Painted over means sealed.” New paint covers old layers, but sanding, scraping or friction can still release lead from underneath.
- “The seller said there’s no lead.” The disclosure rule covers what the seller knows. No testing usually means no knowledge, not no lead.
- “It’s a 1980 house, so lead is impossible.” HUD’s survey still estimates some post-1978 homes have lead-based paint. The odds are low, not zero.
- “Only old houses in cities have it.” HUD’s figures are national and driven by build year.
A pre-1978 buyer’s checklist
- Did I receive the lead pamphlet and the seller’s disclosure form?
- Did I decide, in writing, whether to use or waive the 10-day inspection period?
- Are there reports from any past lead inspection or risk assessment?
- Have I checked the water question as well, especially if the house is older than 1986?
- If I plan to renovate, have I budgeted for a lead-safe certified contractor?
If you already live in a pre-1978 home
You do not need to panic or strip every wall. The goal is to keep old paint intact and avoid making dust. Watch windows and doors for wear, clean up chips and dust promptly, and plan any painting, window replacement or remodeling with a lead-safe certified contractor. If small children live in or visit the home, ask your pediatrician about lead testing, and consider a risk assessment so you know where the hazards are rather than guessing.
Related guides
- When was asbestos banned in the US? The real timeline
- Knob-and-tube wiring: years used and insurance problems
- Home insurance for older homes: what raises premiums
- Lead paint disclosure for pre-1978 homes
- All Hazardous Materials guides