Lead paint disclosure in Delaware

Section 1018 of Title X is the federal lead disclosure rule, and it covers most homes built before 1978. Delaware sellers and landlords have to follow it just like everyone else in the country.

This rule says the seller or landlord has to:

• tell you about any lead paint or lead hazards they know about
• share any reports or records in their possession
• give you the EPA's lead pamphlet
• put a Lead Warning Statement into the contract or lease

If you're the buyer, the law gives you 10 days to have the home checked for lead.

Delaware's Buyer Property Protection Act says anyone selling a 1 to 4 family home has to put every known material defect in writing for you. A material defect is something the seller knows about that affects the home's condition or what it's worth. Under 6 Del. C. 2572 and 2573, you must be handed the official Seller's Disclosure of Real Property Condition Report before any offer is made.

Question 54 on the Real Estate Commission's report covers lead hazards, including lead paint, lead pipes, and lead in the soil. The form also has a question about whether the water supply and drain pipes contain lead.

Some sales are exempt from the state disclosure law. 6 Del. C. 2577 spells out which ones:

• transfers a court has ordered
• deeds handed over instead of foreclosure
• sales run by the sheriff
• sales made by an estate or trust representative
• transfers between people who co-own the home
• transfers to a spouse or another close family member, like a child or grandchild
• transfers agreed to in a divorce
• transfers where a government body is on either side

For most older rentals, a 2025 law will make this a requirement. The landlord must bring in a state-approved lead inspector to certify that each pre-1978 unit is lead free or lead safe before anyone new moves in, under 25 Del. C. 5402 and 5403.

Every lease for a pre-1978 unit has to say which certification the unit holds: lead safe or lead free. Ask the landlord for a copy of the certificate and they have 7 days to hand it over, or they owe $50 for each day they're late.

The measure became law July 21, 2025. The rules kick in 12 months after the Delaware State Housing Authority says the funding and final rules are ready, or on March 1, 2028, whichever date comes first.

Lead paint can still turn up in Delaware because so many homes are old. US Census figures show about 4 in 10 homes were built before 1980, and for rentals it's about half.

16 Del. C. 2602 says your child's usual doctor must order a lead test around age 12 months and again around 24 months. The Division of Public Health receives every blood lead result.

If your child is 12 months or older and attends a child care center, nursery school, preschool, or kindergarten, the facility must ask you for proof of the lead test. The only way to skip it is a religious objection from a parent.

Delaware treats 3.5 micrograms per deciliter of blood as a high lead level for a child, or the CDC's reference value if that figure drops lower. Once a child tests high, the Division of Public Health has 60 days to track down where the exposure happened and who owns that property.

If the home was built before 1979 and a child was exposed there, the state's Lead-Based Paint Program will cover the cost of a risk assessment and abatement. A risk assessment means an inspector goes through the home to find the lead hazards. Abatement means those hazards get removed or sealed away.

An owner who misses the state's deadlines may be guilty of creating a criminal nuisance. And when the state funds repairs on a rental, the landlord can't hike the rent for 3 years unless the state gets reimbursed.