Illinois Radon Disclosure Requirements: What Buyers and Sellers Should Know

This article is general information for Illinois homeowners, buyers, and sellers, and is not legal advice — for guidance specific to your transaction, consult a real estate attorney or your agent.

Illinois Radon Disclosure Requirements

Under the Illinois Radon Awareness Act (effective since 2008) and the Illinois Real Property Disclosure Act, sellers of residential real property in Illinois are required to disclose known radon hazards to buyers, and must provide the buyer with the Illinois Emergency Management Agency's (IEMA) pamphlet, "Radon Testing Guidelines for Real Estate Transactions," along with the "Illinois Disclosure of Information on Radon Hazards" form, before the buyer becomes bound under a purchase contract.

What the Law Does — and Doesn't — Require

Importantly, these laws require disclosure of what the seller already knows — they do not require the seller to test for radon in the first place, and they do not require mitigation even if elevated levels are known.

If a seller has never tested, there may be nothing specific to disclose about radon, even though the disclosure paperwork itself is still required.

Changes for Residential Leases

As of a 2024 amendment, radon disclosure requirements were extended to most residential leases as well, giving landlords new disclosure obligations and tenants certain rights related to radon testing and lease termination in specific circumstances.

Exemptions to the Requirements

A few categories of transfers are generally exempt from these requirements (such as certain court-ordered transfers, transfers between spouses in a divorce, and similar situations) — the specifics of exemptions and current requirements should be confirmed directly with IEMA or a real estate attorney, since disclosure laws can be updated.

Why Many Buyers Still Choose to Test

Because these laws are about disclosing known information rather than requiring testing, many buyers choose to test independently during their inspection period, regardless of what the seller has or hasn't disclosed.

Schedule a radon or mold test today with DezAir Quality Testing online at dezairqualitytesting.com.