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8.4 Environmental Controls
- 19 Dec, 2025
- Com 0
Environmental Controls
Environmental controls address public health and safety by regulating air, soil, and water quality, managing ambient and natural hazards, and setting standards for land use and materials.
Areas of Concern:
- Air, soil, and water quality
- Ambient health hazards (e.g., radon, asbestos, mold, lead)
- Natural hazards (e.g., flood zones, earthquakes, wetlands)
Major Legislation:
- Federal, state, and local laws limit environmental damage and set standards for land, air, water, and building materials use.
- Examples include the Clean Air Act, Clean Water Act, and CERCLA/Superfund laws.
Responsibilities & Liabilities:
- Disclosure: Real estate professionals must disclose known environmental hazards (e.g., lead-based paint, underground storage tanks).
- Remediation: Property owners are responsible for cleaning up contamination, even if caused by previous owners.
- Lead Disclosure: Federal law requires disclosure of lead-based paint hazards in homes built before 1978.
- CERCLA/Superfund: Imposes liability for cleanup of hazardous waste sites; liability can extend to current and past owners, operators, and lenders.
- Environmental Site Assessments: Phase I, II, and III assessments are used to detect, investigate, and mitigate contamination before property transfer or development.
Check-In Questions
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Which of the following must real estate professionals disclose?
Show Answer
Correct Answer: Known lead-based paint hazards
Disclosure of environmental hazards like lead-based paint is required by law. -
What is the purpose of a Phase I Environmental Site Assessment?
Show Answer
Correct Answer: To detect possible contamination on a property
Phase I assessments identify potential environmental risks before transfer or development.