Radon and home sales in Rockford and Illinois

If you are buying, selling, or renting a home in Rockford or anywhere in Illinois, the Illinois Radon Awareness Act applies. Here is what it says, how real-estate radon tests are supposed to be done, and links to the official text. This is general information, not legal advice.

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What an Illinois home seller must provide about radon

Under 420 ILCS 46/10, the seller must give the buyer the IEMA pamphlet "Radon Testing Guidelines for Real Estate Transactions" and the Illinois Disclosure of Information on Radon Hazards form before the buyer is obligated under a purchase contract. The seller must also disclose known radon test results in the seller's possession that show elevated levels.^[1]

The law does not oblige the seller to test or mitigate: "Nothing in this Section is intended to or shall be construed to imply an obligation on the seller to conduct any radon testing or mitigation activities." Some transfers are excluded, for example certain court-ordered, foreclosure, and probate transfers; see Section 20.^[1]

IEMA notes that the Illinois Real Property Disclosure Act also requires a seller who knows about unsafe radon levels to disclose them. It adds that many relocation companies and lenders, as well as buyers, ask for a radon test, and it cautions sellers and brokers to err on the side of full disclosure.^[2]

Official documents: IEMA real-estate testing guidelines (PDF) · Disclosure of Information on Radon Hazards (PDF)^[3] · IEMA-OHS real-estate page^[4].

Radon testing during a Rockford home sale

IEMA "strongly recommends ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy, and mitigated if elevated levels are found." It says it is not in the buyer's or seller's interest to rely on a measurement by anyone other than a licensed measurement professional or technician.^[2] Its real-estate protocols call for a test in each of the lowest structural areas suitable for occupancy (for example, the basement and a room over a crawl space or slab), using either:

two short-term detectors run at the same time, 48 hours or longer, about four inches apart, fixing the home if the average is 4 pCi/L or more; or
one continuous monitor, 48 hours or longer, that records hourly, fixing the home if the average is 4 pCi/L or more.^[2]

Short-term tests can last 2 to 90 days, but most real-estate tests run 2 to 7 days.^[2] Results from different areas are never averaged together. If any one of the lowest areas is elevated, IEMA's recommendation is to fix the house.^[2]

Test conditions sellers and buyers should know

Tests shorter than a week require closed-house conditions, starting at least 12 hours before the test: windows closed, doors closed except for normal entry and exit, and no fans that bring in outside air (radon system fans and brief exhaust fans are fine). Heating or cooling runs normally.
Detectors are not placed in kitchens, laundry rooms, bathrooms, or crawl spaces, on cracks, or next to a sump pump.
They should sit at least 3 feet from outside doors and windows, 1 foot from exterior walls, 20 inches to 6 feet off the floor, and 4 feet from heat sources, away from drafts, sunlight, and high humidity.^[2]

Interfering with a radon measurement, for example opening windows or moving a detector, is illegal in Illinois.^[5]

If a Rockford home's radon result is high

Who arranges and pays for mitigation is something buyers and sellers can negotiate. IEMA-OHS cites a typical installed cost of $1,000 to $1,500 for an active system.^[6] Whoever hires the work, use an IEMA-OHS-licensed mitigation professional and plan an independent follow-up test with the system running.^[2] See how mitigation works and the cost guide.

Radon rules for renting in Rockford

Section 26 of the Act covers tenants. IEMA-OHS summarizes it for units below the third story: when a prospective tenant applies, before a lease is signed, or on request during the lease, the landlord must provide the IEMA-OHS "Radon Guide for Tenants," copies of any records showing a radon hazard, and the "Disclosure of Information on Radon Hazards to Tenants" form.^[7]

A tenant has 90 days from the start of the lease to do their own radon test, and must give the landlord the results within 10 days of receiving them.
If the result is above the action level and the landlord chooses not to mitigate, the tenant may end the lease.
The landlord may have a radon contractor retest within 30 days of being notified.
Results are valid for 2 years unless the building is renovated, added to, or modified.^[7]

A tenant who wants mitigation needs the landlord's express consent and must use a licensed radon contractor (Section 30).^[1]

Rockford home sale radon questions

Does a Rockford seller have to test for radon?

No. The Radon Awareness Act says nothing in it obligates the seller to test or mitigate.^[1] The seller must provide the IEMA pamphlet and disclosure form, and disclose known elevated results.^[1]

The basement tested 3.1 and the room over the crawl space tested 5.2. Can we average them?

No. IEMA says results from different areas are separate tests reported independently. Only two detectors placed side by side at the same time can be averaged. An elevated result in any lowest area means the recommendation is to fix the house.^[2]

How old can a test be for a rental?

IEMA-OHS says tenant-related radon test results are valid for 2 years, unless the building is renovated, added to, or modified.^[7]

General information, not legal advice. Ask your agent or attorney about your transaction.

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