The US
Environmental Protection Agency has an impact on practically every aspect of
the economy – including real estate
development. Homeowners, renters, buyers, investors and other persons concerned
with real estate development are all mandated to comply with certain rules and
regulations when it comes to the use and purchase of land.
The Role of EPA in Real Estate
As you know, many
chemicals may be found and dumped in real estate properties. From lead in the
furnishings to oil under the ground, the EPA sets standards that would regulate
how property owners should deal with their real estate if any sort of
environmental risk is involved.
Through such rules,
the role of EPA becomes obvious: to make any contamination of real estate
publicly known for the benefit of everyone who has interest in said real
estate. Both buyers and sellers are now required to undergo an appropriate
inquiry to find out the relative safety of the area. The purpose of EPA is not
to prevent the use of real estate altogether but rather, to find out
contaminant problems in order to address the issue and make it safer for its
occupants.
Impact of EPA – What Real Estate Developers Should Know
The new rules of
EPA add a new layer of procedure for buyers, homeowners, renters, sellers, and
investors when it comes to real estate. Although it prolongs that process for
the transfer of property, it undoubtedly provides an additional layer of safety
for the end user. Here’s what every person in the sector should know:
Homebuyers
Buyers should now
request the following papers before pursuing purchase of property built before
1978.
·
EPA-approved
pamphlet detailing the identification of lead based paint and how to control it
·
A
“Lead Warning Statement” attached to the contract and an affirmation that the
seller has met the notification requirements
·
Disclosure
of any known information regarding the existence of lead-based paint in the
property.
·
A
total of 10 days inspection for lead based paint. The inspection may be waived,
lengthened, or shortened.
The same
obligations are required of real estate agents who are selling homes.
Renters
If you’re renting
property which was built before 1978, you should also get the following from
your landlord:
·
An
information pamphlet approved by the EPA
·
Disclosure
of any information relating to lead-based paint in the property
·
An
attachment of Lead Warning Statement in the contract.
Additional Guidelines
Around 2002, more guidelines have been released by the EPA
which could put real estate developers at risk of paying liability for
contaminants. Fortunately, there’s a set of guidelines accompanying this
release which can help real estate developers protect themselves from
liability:
·
Interviews with past and present
owners to find out the possibility of contaminant release in the property
·
Review of available records regarding
waste disposal, water use, spill records, and other contaminant-risk activities
·
Review of historical information
about the property like department records, photographs, and previous uses of
the property since it was developed
·
Presence of any environmental cleanup
lies
All in all, these EPA regulations will require due
diligence on the part of the real property developer with the end goal of
making homes and buildings safer for people occupation.