Gathering known code-violation notices for a property file
Learn how to organize and disclose known code violations in Illinois to comply with state law and maintain transparency for prospective buyers.
The short answer
Illinois sellers must disclose known material defects, including any uncured notices of code violations received from government authorities. You are required to disclose these in the residential real property disclosure report. Organizing these documents into a clear file for the buyer helps ensure compliance and reduces the risk of liability for non-disclosure.
Categorizing Code Violations
Not all violations are equal. Focus on those that impact the safety or habitability of the home. These include issues identified by building, health, or zoning departments.
Worksheet: Collect all notices received from municipal offices. Mark each as 'cured/closed' or 'pending.' Only include the pending or uncured items on your formal disclosure report.
Meeting Disclosure Requirements
The Residential Real Property Disclosure Act requires you to be honest about material conditions. A known, outstanding violation that substantially affects the property value is a classic example of a material fact.
Planning Example: If you received a notice about an unpermitted deck, it is best to disclose this. Transparency allows the buyer to account for this in their purchase offer.
The Impact of Professional Guidance
If you are unsure whether an old notice is still active, contact the local municipality to clarify. You are protected when acting on information provided by public agencies.
Planning Example: Request a 'property status update' from the city's building department. Keep this letter in your file as proof of your due diligence.
Liability Protection Through Transparency
Knowingly failing to disclose a violation can lead to liability for damages and attorney fees. By creating a transparent file of all known notices, you protect yourself against accusations of fraud.
Planning Example: Include copies of any municipal notices with your disclosure form so there is no confusion about the nature or scope of the issue being reported.
Checklist
- Request a current property record from the local building department.
- Categorize all past and present code-related notices.
- Ensure all known uncured violations are listed in the disclosure.
- Maintain a copy of any correspondence with municipal inspectors.
- Provide a clear, written summary of known issues to the buyer.
Common questions
Do I have to disclose a violation that was already fixed?
The law requires disclosure of material defects. If the violation has been fully cured and you have documentation of the municipal sign-off, it is generally no longer a material defect to report.
What if I ignore a violation notice and sell the house?
Ignoring a notice does not absolve you of the duty to disclose. If you are aware of the notice, you must disclose it. Failure to do so could result in liability for actual damages and court costs.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Condominium Property Act — 2025 editionChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.