For its beautiful scenery, wildlife, outdoor sports and activities, many cities in Colorado have consistently ranked in the top places to live in the U.S., making it one of the best destinations for those looking to start their next adventure. And… making it a great place to invest in real estate. With the passing of Senate Bill 23-206, radon disclosures are now required for all residential property sale contracts – here’s what you need to know.
This bill is designed to increase awareness of radioactive radon gas levels in our Colorado homes and buildings. Because radon is odorless, colorless, and tasteless, radon testing is the only way to know the risk of radon exposure. SB 23-206 will help buyers and tenants make informed decisions about the safety of the air they breathe where they live. As radon gas exposure is responsible for 21,000 lives lost every year in the U.S., 500 of them in Colorado alone, it’s important that Coloradans are protected against this cancer-causing gas.
What is Senate Bill 23-206?
Senate Bill 23-206 was signed into law by Colorado Governor Jared Polis on June 5, 2023 and will require greater transparency and communication regarding the history of radon testing and its results during real estate or rental transactions.
With this bill, homeowners and tenants will be equipped to make informed decisions about their risk of exposure to radioactive radon gas, the second leading cause of lung cancer.
When will SB 23-206 go into effect?
The bill was signed into law on June 5, 2023 and went into effect throughout Colorado on August 7, 2023.
Understanding The Health Risks of Radon
Radon comes from the breakdown of Uranium in the ground and can (and has) been found at elevated levels all across the world, including right here in Colorado.
In fact, according to the American Association of Radon Scientists and Technologists (AARST) Radon Report card, of the 2,371 lung cancer cases in Colorado this year, 513 of them will be directly caused by exposure to radon gas.
Radon has been, and continues to be, a public health concern in Colorado due to geological and environmental factors in our state. Colorado Environmental Public Health Tracking reports that, of radon tests that have been conducted between 2005 and 2022, 48.3% came back elevated (above the EPA recommended action level of 4.0 pCi/L).
“Nearly one out of every two pre-mitigation home radon tests are above the action limit. Testing your home for radon is the best way to know if you are exposed to harmful levels of radon.” – Colorado Environmental Public Health Tracking
Learn About Radon Near You
Search your 5-digit zip code to find out the average radon levels in your area.
What does Senate Bill 23-206 require?
The bill requires the following disclosures be provided for all residential property sale contracts:
- A bold-typed advisory statement on all residential real estate contracts for sale
- The most recent records and reports on radon levels detected at the property
- A description of any radon levels detected, and any treatment, mitigation, or remediation performed at the property
- Any information regarding whether a mitigation system has been installed
- An electronic or paper copy of the most recent information from the Department of Public Health and Environment to advise about radon in real estate transactions
HOME BUYERS –
During the purchase of your next home, information about past radon testing, the results of the testing, and any information on treatment for radon in the home must be provided to you as well as the latest copy of the Department of Public Health and Environment’s information about radon in real estate transactions.
Know the dangers of exposure to radioactive radon gas and consider this throughout the purchase of your home. If elevated radon levels are found, it doesn’t have to be a deal breaker!
A properly installed radon mitigation system is a safe and effective solution to limiting your exposure to radon in your home. Conduct a professional radon test during the home inspection period and request a credit from the seller at closing to help with the cost of mitigation.
If a radon system has already been installed, it’s recommended to go ahead and conduct a radon test to ensure that the system is functioning as it should so that you can be aware of any maintenance that may be required. A properly installed (and properly functioning) mitigation system is what will be effective to reduce the radon levels in the home and limit your exposure.
HOME SELLERS –
When you are selling your home, work with your real estate agent to provide your buyers with any information about past radon testing conducted in the home, what the results were of the testing, and if/when a mitigation system was installed.
If you have never tested for radon or do not have this information to provide, the buyer may choose to conduct a radon test during the home inspection period. If the results come back elevated, consider providing a cash credit at closing to help offset the cost of installing a mitigation system for the buyer while keeping your closing on track.
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TENANTS –
Although you will not be purchasing your unit, under SB 23-206, you have the right to know the radon levels in the unit you are looking to lease and occupy.
Before signing your lease agreement, the owner will be required to provide you with radon testing history, results, proof of treatment if a mitigation system has been installed, and the most recent documentation from the Department of Public Health and Environment on the risks of radon exposure.
If you are currently under a lease agreement, you have the right to perform radon testing. If the results are elevated, and levels are confirmed by a test conducted by a licensed professional, the property owner has 6 months to repair the building and reduce the levels to below the EPA action level of 4.0 pCi/L. If the property owner does not wish to have a mitigation system installed to reduce the radon levels, you will be able to terminate your lease without penalty.
LANDLORDS –
Before a lease agreement can be executed, you will be required to provide information on the history of radon testing at your property, the results of the testing, and any information and documentation of mitigation work to treat elevated levels as well as information about the health risks of radon from the Department of Public Health and Environment.
If elevated radon levels are found in your building, limiting exposure for your tenants and moving forward with executing the lease agreement are both possible. A properly installed radon mitigation system can reduce the radon levels in the building and prevent exposure to radioactive radon gas for your tenants in their units.
For liability peace of mind, mitigate radon when the results are elevated and conduct routine maintenance (once per year) and testing (every two years) to ensure your rentals are a safe place to breathe for your tenants.
Radon doesn’t have to delay your closing
While SB 23-206 adds an additional item to check off your pre-closing checklist, the benefit to public health far outweighs the inconvenience or cost to address a radon problem during the real estate transaction.
The radon disclosure will help educate and create more awareness throughout Colorado about the dangers of radon exposure, ultimately saving lives by reducing the risk of developing radon-induced lung cancer.
A properly installed radon mitigation system can reduce the radon levels to limit your exposure to radon at home, reducing liability for landlords and home sellers, while protecting home buyers and tenants from exposure to this cancer-causing gas.
How much does radon mitigation cost?
In Colorado, a professionally installed radon mitigation system can cost between $1,500 – $3,500 per home or unit and is based on a variety of different factors such as your building size, foundation type, and construction. Request service from our team of licensed professionals to get a free quote customized to the exact needs of your home.
If you’re a landlord looking to fix a radon problem in your building or rental property, ask us about our financing options and consider your liability peace of mind in ensuring your tenants are protected against radon exposure.
If you’re buying or selling your home, learn more about who pays for radon mitigation and why we recommend providing a cash credit to the buyer at closing to cap your expenses and keep your transaction moving forward.
Protecting Colorado since 1987
ACE Radon and Reliant Radon Solutions have been providing expert radon testing, radon mitigation, and radon system maintenance services for over 36 years and are now part of the Protect Environmental team.
Request service today for any of your radon in real estate needs. We look forward to working with you to create more healthy and safe indoor environments in our Colorado communities!
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