Massachusetts lead paint law for brownstone sales

Key takeawayEvery original Back Bay rowhouse was built between 1856 and 1908, so every sale triggers both the Massachusetts lead notice under M.G.L. c. 111 s. 197A and the federal pre-1978 disclosure. The seller must give the notice and any lead letters before the purchase and sale agreement is signed and allow the buyer 10 days for an inspection, or face up to a $1,000 penalty plus damages. Separately, the law requires deleading when a child under six lives in the home.

At a glance

State notice	Before the purchase and sale agreement (M.G.L. c. 111 s. 197A)
Inspection period	10 days, or longer if agreed
Seller penalty	Up to $1,000, plus damages
Dangerous level of lead	1.0 mg/cm2 or 0.5% by dry weight (105 CMR 460.020)
Deleading tax credit	Up to $3,000 per unit (full compliance); $1,000 (interim control)

Does the lead law apply to Back Bay brownstones?

Yes, to every original one. The first Back Bay houses were built on Beacon Street in 1856 and 1857, and the last single-family house on an originally vacant lot went up in 1908, according to Back Bay Houses. The federal disclosure rule covers housing built before 1978, and the Massachusetts notice under s. 197A applies to sales of residential premises, so a brownstone sale involves both. Converting a building to condominiums does not change its age: a unit in a converted rowhouse is pre-1978 housing.

The Back Bay building eras show when each part of the neighborhood was built. No source publishes how many Back Bay homes have been deleaded, so ask for each home's records.

What Massachusetts requires of sellers (c. 111 s. 197A)

Notice before the purchase and sale agreement

The seller must give the buyer the state lead notification before signing a purchase and sale agreement, and before signing a lease with an option to purchase.

Letters and known information

With the notification, the seller must hand over any letter of interim control or letter of full compliance, and any information the seller or the seller's agent knows about lead paint, plaster or other accessible materials in the home.

The 10-day inspection window

If the buyer wants a lead inspection, the seller must allow "a period of ten days or such longer time as the parties may agree" for it. The buyer can also waive it. The inspection is an option, not a duty.

Penalty for skipping the notice

A seller who does not comply is liable for all damages, a penalty of up to $1,000, and possible unfair trade practice claims.

The federal pre-1978 disclosure

The federal Lead Disclosure Rule, issued under section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), runs alongside the state law.

Disclosure and records

Sellers of housing built before 1978 must disclose known lead-based paint and hazards and provide all available records and reports.

Pamphlet and warning statement

Buyers receive the EPA pamphlet "Protect Your Family From Lead in Your Home" and a Lead Warning Statement. EPA also gives buyers a 10-day period for a lead inspection or risk assessment.

Three years of records

Sellers and agents keep a signed copy of the disclosures for three years after the sale closes.

When the law requires deleading (c. 111 s. 197)

The child-under-six rule

Section 197(a) says that whenever a child under six years of age resides in premises where paint, plaster or other accessible structural material contains dangerous levels of lead, the owner shall abate or contain it. The duty belongs to the owner and is not triggered by a sale.

What counts as a dangerous level

The state regulations, 105 CMR 460.020, set the threshold at 1.0 milligram of lead per square centimeter, or 5,000 parts per million (0.5% by dry weight). They define accessible, mouthable surfaces to include windowsills five feet or less from the floor, stair treads, handrails and railing caps.

Who may do the work

Under s. 197, abatement or containment must be done by a contractor licensed by the Department of Labor Standards, except that an owner or the owner's agent may do certain work under the regulations after completing an approved course. 105 CMR 460.175 limits owners and agents to listed low-risk and moderate-risk tasks after training and authorization, and bars removal by demolition.

Letter of interim control

Interim control is a temporary step. A letter of interim control expires one year from issue and can be renewed once for another year, and while it is in effect the owner must take reasonable care to keep the home in compliance.

Letter of full compliance

When an inspector verifies the work meets the requirements, the inspector issues a letter of full compliance. After that letter, occupants cannot bring a strict liability claim against the owner under section 199.

How a home is brought into compliance

Deleading means dealing with each surface the inspector finds above the dangerous level. A Massachusetts landlords' association describes these approaches, which the state regulations govern:

Removal and replacement

The component comes out and a new one goes in, for example a door, door trim or a window sash. In Back Bay, a new window or exterior door also needs Architectural Commission approval for exterior work.

Covering

A durable new surface goes over the old one, such as a new dropped ceiling over a lead-painted plaster ceiling. In a brownstone with original plaster cornices, ask how a covering would affect the room before choosing it.

Encapsulation

An approved encapsulant coating seals the painted surface. Encapsulants are not allowed on stair treads, and friction points such as door edges, jambs and treads must be fully treated.

Stripping and repainting

The paint is chemically stripped or scraped, or the component is taken out and dipped, and then refinished. The same association reports that chemical stripping needs two inspections, once when the surface is bare and again after repainting.

What deleading costs

No official source publishes deleading costs for Boston. The landlords' association puts the statewide average at about $6,000 per unit and says a large project can reach $30,000. Get written bids from licensed deleaders, and set them against the state tax credit below.

Notice, historic buildings and dust tests

Notice before work starts

Under 105 CMR 460.150, deleading in an occupied rental unit needs at least ten calendar days' notice on a state form, sent to the occupants, the local board of health or code enforcement agency, the Department of Labor Standards and the state Director. In a vacant or owner-occupied single-family home, and inside units of a multi-family building, licensed workers follow the notice rules in 454 CMR 22.00 and the owner files the form without a waiting period.

Massachusetts Historical Commission notice

If the home is on the State Register of Historic Places, the regulation also requires notice to the Massachusetts Historical Commission at least 30 days before abatement begins, or immediately once an order to correct has been issued. Ask your deleader and the Commission whether your building is listed before you set a start date.

Dust clearance levels

After the work, an inspector samples dust. Under 105 CMR 460.170 the home passes if floor dust is below 40 micrograms per square foot, interior windowsill dust below 250, and exterior sill or window well dust below 400. If dust still fails after three cleanings, the state can require a licensed deleader to do the final cleanup.

What the lead law means after you buy (c. 111 s. 199)

Section 199 sets out an owner's liability, and it is the part of the law a buyer inherits at closing.

The 90-day window for a new owner

After a change of ownership, a new owner is not strictly liable under s. 199 if the owner brings the home into compliance within 90 days of becoming the owner. If a child under six will live in the home, plan the inspection and any work so they can finish inside that window.

Strict liability without a letter

An owner who has not complied with the deleading rules is liable for damages to a child under six whose blood lead level reaches the level the state defines as lead poisoning. An owner who holds a letter of full compliance or a letter of interim control is not strictly liable, but must still use reasonable care to keep the home in compliance and is liable for failing to do so.

Treble damages for ignoring an order

An owner who has been notified of dangerous levels of lead, or ordered to correct them, and willfully fails to act by the deadline is subject to punitive damages of three times the actual damages, on top of the liability above.

Renting out a unit in a pre-1978 building

Owners who rent a Back Bay condo or apartment take on the same deleading duty, and the law closes the obvious shortcut. Under c. 111 s. 199A, refusing to sell, rent or lease because of lead in the home, or because a sale or lease would trigger lead law duties, is an unlawful practice under chapter 151B. Refusing to rent to, or evicting, a household with children does not count as complying with the lead law, and such evictions also violate chapter 93A and chapter 186, s. 18. The Boston Public Health Commission's owner fact sheet gives the same answer and points owners to the Boston Office of Fair Housing and Equity.

The Massachusetts deleading tax credit

M.G.L. c. 62 s. 6(e) gives a state income tax credit for deleading a pre-1978 dwelling unit:

Work	Credit per dwelling unit
Full compliance (abatement or containment)	The lesser of the cost or $3,000
Interim control	The lesser of half the cost or $1,000

The credit also covers replacing window units to comply with the lead law, and unused credit carries forward for up to seven tax years. Confirm eligibility with a Massachusetts CPA.

Lead inspections and help in Boston

The Boston Public Health Commission's fact sheet for property owners (updated March 2019) lists these local resources. Confirm current terms with each program before you rely on them.

Boston Childhood Lead Poisoning Prevention Program

Owners can ask a private lead inspector or this city program to inspect a property built before 1978. The program also runs moderate-risk deleading training for owners who want to do eligible work themselves.

Lead service lines

Lead can also come from the water service line. The Boston Water and Sewer Commission publishes a lead service line map and, according to the fact sheet, offers an interest-free loan and funding toward replacement.

Grants and financing

The fact sheet lists Lead Safe Boston grants, with funding based on the number of units in the home, and the state's Get the Lead Out low-cost financing. The state income tax credit needs a letter of full compliance for each unit claimed.

Example: selling a condo in a Back Bay brownstone

Take a second-floor unit in a converted Marlborough Street rowhouse, offered at Zillow's typical 02116 condo value of $1,298,982 (August 2026).

Before any offer is accepted, the seller gathers any lead inspection reports and letters for the unit, plus anything the trust holds for the common hallways and stairs.
Before the purchase and sale agreement, the seller gives the state notification with those letters, the federal disclosure and the EPA pamphlet. The signed disclosure goes in the file.
Within the inspection window, the buyer either orders a lead inspection within the 10 days, or waives it in writing.
After the inspection, the parties can negotiate. The sale can close whether or not lead is found; nothing in s. 197A requires deleading before a sale.
After closing, the law requires the owner to delead under s. 197 if a child under six lives in the unit, and the owner can claim the tax credit for qualifying work.

The lead paperwork sits alongside the condo's 6(d) certificate and trust documents in the seller's file. For the whole sequence, see preparing a brownstone for sale.

Steps and deadlines

Listing: collect inspection reports, letters of interim control (check the expiry date) and letters of full compliance.
Before the P&S: deliver the state notification and federal disclosure.
Days 1 to 10: buyer's lead inspection window, unless extended or waived.
Closing: keep signed disclosures for three years.
Within 90 days of closing: a new owner who brings the home into compliance in this window is not strictly liable under s. 199.
After closing: letters of interim control run one year and renew once.

Common lead law mistakes

Giving the notice after the P&S is signed. The state law requires it before.
Assuming a condo is exempt. A unit in a pre-1978 building is pre-1978 housing.
Letting a letter of interim control lapse. It lasts one year and can be renewed only once.
Painting over a hazard. Fresh paint is not on the regulation's list of approved methods; applying an encapsulant over suitable surfaces is, by an authorized person.
Planning renovation without the other rules. Window replacement in Back Bay also needs Architectural Commission approval; see rules for brownstone renovation.

This page explains how the law works and is not legal advice. Confirm how the Massachusetts lead law applies to your sale or household with a Massachusetts real estate attorney or a licensed lead inspector.

Frequently asked questions

Can you sell a house with lead paint in Massachusetts?

Yes. Massachusetts does not require deleading before a sale. The seller must give the buyer the state lead notification and any letters of interim control or full compliance before the purchase and sale agreement, disclose what they know, and allow a 10-day inspection period if the buyer wants one. Failing to do so carries damages and up to a $1,000 penalty.

Is it legal to sell a house with lead paint?

Yes, as long as the disclosures are made. For housing built before 1978, federal law requires the seller to disclose known lead-based paint and hazards, provide available records, give the EPA pamphlet and a Lead Warning Statement, and offer the buyer 10 days for an inspection. Massachusetts adds its own notice under M.G.L. c. 111 s. 197A.

Can you remove lead paint yourself in Massachusetts?

Only within limits. Under M.G.L. c. 111 s. 197 and 105 CMR 460.175, an owner or the owner's agent may do listed low-risk and moderate-risk deleading tasks after completing state-approved training and getting authorization, and may not remove surfaces by demolition. Other work must be done by a contractor licensed by the Department of Labor Standards.

Do all houses built before 1978 have lead paint?

Not necessarily, and no source we found gives a share for Back Bay. The year 1978 matters because the federal disclosure rule covers older housing, not because every older home has a hazard. Only a lead inspection tells you whether paint or plaster in a specific home reaches the state's dangerous level of 1.0 mg/cm2.

What if I accidentally sanded lead paint?

Stop the work and keep people out of the area until it is cleaned and tested. Massachusetts treats lead dust as a hazard: after deleading, floor dust must test below 40 micrograms per square foot and windowsill dust below 250 (105 CMR 460.170). A licensed lead inspector or risk assessor can sample the dust. The Boston Public Health Commission warns that work done without proper precautions can bring enforcement.

Can you just paint over lead paint?

Ordinary repainting does not bring a home into compliance. The state regulations list approved low-risk methods such as applying encapsulants over suitable surfaces, covering surfaces with approved coverings and capping baseboards, done by an authorized person. An inspector must then verify the work before issuing a letter of full compliance.

What is the lead paint disclosure in Massachusetts?

It is the state Property Transfer Lead Paint Notification required by M.G.L. c. 111 s. 197A. The seller gives it to the buyer before the purchase and sale agreement, along with any lead letters and known lead information. The seller must allow 10 days for an inspection if requested, and faces up to a $1,000 penalty plus damages for not complying.

When does Massachusetts require deleading?

The law requires the owner to abate or contain lead paint, plaster or other accessible materials at dangerous levels whenever a child under six years of age resides in the premises (M.G.L. c. 111 s. 197). The duty is the owner's and applies whether the home was just bought or long owned. A letter of full compliance confirms the work.

Massachusetts lead paint law for Back Bay brownstone buyers and sellers