Does Utah Require Radon Disclosure When You Sell a Home?
Not through a radon-specific law. Utah has no statute that requires sellers to test for radon, hand buyers a radon pamphlet or fill out a separate radon disclosure form. Radon still comes up in most Utah sales, though. The standard seller disclosure form used in Realtor-assisted transactions asks about hazardous conditions, including radon, and Utah courts expect sellers to disclose known material defects a buyer couldn’t reasonably discover. So a seller who knows about an elevated test or a radon system should share it, but a seller who never tested has nothing to report. This article explains where radon disclosure comes from in Utah, what the law leaves out and how buyers and sellers usually handle it.
What Utah law says about radon in home sales
A 2024 report from the Utah Department of Health and Human Services’ Environmental Epidemiology Program states plainly that Utah has no radon testing and disclosure laws and no requirement to test when real estate changes hands. Nothing passed since then has changed that.
Lawmakers have come close. In 2014, Senate Bill 109 was introduced as a Radon Testing and Disclosure Act. The original version would have required owners to give buyers a state radon pamphlet and a written list of radon tests performed in the previous five years before the buyer was bound by a contract. The bill was rewritten during the session, and the version that became law was a radon awareness campaign instead of a disclosure requirement.
Other radon measures Utah has passed are narrower:
- 2013 concurrent resolution. The Legislature urged real estate licensees, builders, lenders and others to inform buyers about radon and encourage testing. A resolution expresses the Legislature’s position but doesn’t create a legal requirement.
- 2023 Senate Bill 201. This bill had the state radiation control division provide radon information that county treasurers could include with 2023 property tax notices. Those provisions were scheduled to expire at the end of 2023.
- 2024 House Bill 104. This law limits homeowners’ associations and condo associations from banning radon mitigation modifications, though associations can still set some reasonable conditions. It affects owners who want to install a system, not what sellers must disclose.
In the 2026 session, House Bill 563 would have required training and certification for people who perform or sell radon mitigation work. It didn’t pass.
Where radon disclosure comes from instead
Utah is often described as a “buyer beware” state, meaning buyers are expected to investigate a property themselves. That doesn’t give sellers permission to hide problems. Utah courts have held that sellers must disclose known material defects that a reasonably careful buyer wouldn’t discover through an ordinary inspection.
In practice, most Utah sales handle this through the Seller’s Property Condition Disclosure, a form published by the Utah Association of Realtors and used in Realtor-assisted transactions. The Utah Department of Environmental Quality’s real estate guidance describes the form as including a hazardous-conditions question that names radon gas in the house or well. Sellers answer yes, no or don’t know based on their current actual knowledge and are expected to report important changes before closing.
The standard Utah Real Estate Purchase Contract also has the seller deliver disclosures by a deadline in the contract. Together, the form and the contract are why radon usually appears in the paperwork even without a radon statute.
What the disclosure doesn’t tell a buyer
The form reports what the seller knows. It isn’t a radon test, and it isn’t a warranty. A seller who has never tested can honestly check “don’t know” or “no,” and the buyer learns nothing about the home’s current radon level. Utah real estate agents note that many sellers have never tested, which leaves the question to the buyer.
Even a seller’s past test may not answer the question. Radon levels change with the season, how the home is heated and ventilated, and changes such as finishing a basement. An old summer test, or one taken before a renovation, is a snapshot rather than a permanent figure. Our guide to radon testing in winter vs. summer explains why results shift.
Some transactions, such as for-sale-by-owner deals or sales handled without a Realtor’s forms, may not use the standard disclosure at all. Buyers in those situations have even more reason to arrange their own test.
Advice for Utah sellers
If you’ve tested, Utah DEQ recommends giving the results to the buyer. If you have a mitigation system, share the installation paperwork and any post-mitigation test results. DEQ points out that a seller who has already identified and fixed a radon problem can show buyers it’s been handled, which can keep a sale on track.
If you haven’t tested, you aren’t legally required to. Testing before you list does give you time to deal with a high result on your own schedule rather than in the middle of a negotiation. If you aren’t sure how to answer the radon question on your disclosure, your agent or a Utah real estate attorney can advise you.
Advice for Utah buyers
Because no one is required to test before a sale, a radon test during your due diligence period is the most reliable way to know what you’re buying. Radon testing usually isn’t part of a standard home inspection, so ask for it specifically.
A test during a sale is usually short-term and runs for a few days. For a valid result, the house needs closed-house conditions, with windows and exterior doors closed except for normal entry and exit, for at least 12 hours before and throughout the test. Many buyers use a certified radon measurement professional so the result is independent and harder to dispute. Our radon test kit comparison explains the devices testers use, and our article on radon and real estate covers how testing fits into a transaction.
The EPA recommends fixing a home when radon is at or above 4 pCi/L (picocuries per liter, the U.S. unit for radon) and suggests considering action between 2 and 4 pCi/L. No radon level is considered completely safe. If your result lands near those numbers, our explainer on what 4.0 pCi/L actually means can help you decide whether a follow-up test makes sense.
How common is elevated radon in Utah?
Elevated radon is common in Utah, though estimates vary with the data used. Utah DEQ surveys have found about 30 percent of tested homes above 4 pCi/L. Advocates citing more recent laboratory data put the share closer to half of tested homes. Both figures come from homes that were tested, which may not perfectly represent every Utah home, but both point the same direction.
Utah homeowners have submitted 79 radon readings to RadonResources.com, from places including Logan, Vernal, Smithfield, Bountiful and Cedar City. Of those, 67 were at or above 4 pCi/L, and the median reading was 6 pCi/L. That doesn’t describe Utah homes overall, because people with high results are more likely to look for information and share their number. It does show that elevated readings turn up across the state. You can browse radon readings homeowners have reported or visit our Utah radon page for local context.
If the test comes back high
An elevated result is usually something to negotiate rather than a reason to cancel. Common outcomes include a price credit, a repair before closing or a holdback for mitigation. Whether you can back out depends on your contract’s due diligence terms, not a radon law, so review your deadlines with your agent.
The most common fix for many homes is active soil depressurization, a vent pipe and fan system that draws radon from beneath the foundation and releases it above the roof. Sealing cracks helps, but sealing alone is usually not a dependable fix for significantly elevated radon. A post-mitigation test confirms whether the system worked.
Because Utah doesn’t currently require radon mitigation contractors to hold a radon-specific certification, it’s worth checking credentials yourself. Look for certification through the National Radon Proficiency Program (NRPP) or the National Radon Safety Board (NRSB). Our guide to hiring a certified radon mitigator and our radon contractor checklist list what to ask.
Frequently asked questions
Does a Utah seller have to test for radon before selling?
No. Utah has no law requiring radon testing before or during a home sale. The standard disclosure form asks what the seller knows about hazardous conditions such as radon, but a seller who has never tested isn’t required to start. Buyers who want a current number usually arrange a test during their due diligence period.
If my old radon test was high but I installed a system, do I disclose it?
Generally, yes. A past elevated result and an installed mitigation system are known facts about the home, and sharing them with the system paperwork and a post-mitigation result usually helps the sale. If you’re unsure how to describe it on the disclosure form, ask your agent or a Utah real estate attorney.
Does Utah require radon-resistant construction in new homes?
Not statewide. The Utah health department’s 2024 radon report notes that the radon-control appendix of the International Residential Code isn’t adopted as standard in Utah. Some builders include passive radon features anyway. Even a home built with radon-resistant features should be tested after move-in. Our article on radon-resistant construction explains what those features do.
Can my HOA stop me from installing a radon system in Utah?
Utah law limits that. Since 2024, homeowners’ and condo associations can’t adopt or enforce rules that prohibit radon mitigation modifications, though they can still regulate some details and may ask for proof of elevated radon. Check your association’s rules before installation.
Radon disclosure in Utah, in practice
Utah’s approach relies on general disclosure duties and standard forms rather than a radon statute. That means the paperwork tells a buyer what the seller happens to know, and nothing more. Sellers who test before listing can answer the radon question with confidence. Buyers who test during due diligence can make their decision based on a current number. If you’re ready to schedule a test or get a mitigation estimate, you can connect with a certified radon professional in Utah.
Sources and further reading
- Utah Department of Health and Human Services, Environmental Epidemiology Program, Radon in Utah (February 2024; testing and disclosure laws, building code).
- Utah Department of Environmental Quality, Radon and Real Estate Transactions in Utah (seller disclosure form, sharing test results).
- Utah Department of Environmental Quality, Where to Purchase Radon Test Kits.
- Utah State Legislature, S.B. 109 (2014), Radon Awareness Campaign, and the original Radon Testing and Disclosure Act text.
- Utah State Legislature, S.C.R. 11 (2013), Concurrent Resolution on Radon Gas.
- Utah State Legislature, S.B. 201 (2023), Radon Notice Amendments.
- Utah State Legislature, H.B. 104 (2024), Property Owner Association Amendments.
- Utah State Legislature, H.B. 563 (2026), Radon Amendments (not passed).
- U.S. Environmental Protection Agency, Home Buyer’s and Seller’s Guide to Radon (point-of-sale testing, closed-house conditions, action levels).
This article is for general educational purposes and is not legal or medical advice. Disclosure duties and contract terms can change, and individual transactions may raise questions this article doesn’t address. Consult a Utah real estate attorney for legal questions and a certified radon professional for testing or mitigation. Long-term radon exposure causes lung cancer; reducing elevated radon lowers future exposure but doesn’t reverse exposure already received.
