In January 2019, a Village of Bensenville inspector walked through a house ahead of its sale and wrote up a long list. A gravel driveway had to be paved, with a permit. The railing on the rear deck stairs was rolled and needed replacing. A leak around the roof stack had damaged walls and ceilings. The kitchen GFCI outlets were wired incorrectly. The water heater needed a bonding wire, the garage wiring needed to run in conduit, and the dryer vent needed to be solid metal.
Under the current code, the Village only schedules an inspection like that one for certain kinds of sales.
Bensenville's Real Estate Transfer Inspection doesn't apply to every home sale. It applies to homes that are non-owner-occupied when title transfers, or that have been vacant for more than 120 days before transfer. That means the deals that carry an extra municipal deadline and a code-compliance checklist are rentals, inherited houses, homes a seller has already moved out of, and lender-owned properties that have sat empty. These are also the sales where the seller is least likely to be standing in the kitchen when the inspector shows up.
The 120-Day Line Decides Who Gets Inspected
The rule is in Section 9-2-5 of the Bensenville Village Code, adopted under Ordinance 16-2014 in February 2014. For covered properties, it makes it unlawful to sell, convey or otherwise transfer a home without first getting a certificate of occupancy from the Village. The section lists one-family dwellings, attached one-family dwellings, condominiums, structures used as one-family dwellings, and two-family dwellings.
Here is how that scope plays out across common sale situations:
| Situation at transfer of title | Covered by the stated scope of §9-2-5? |
|---|---|
| Owner lives in the home and it hasn't been vacant over 120 days | No |
| Tenant lives in the home | Yes, because it is non-owner-occupied |
| Seller moved out and the home has been empty more than 120 days | Yes |
| Inherited home left empty more than 120 days | Yes |
| Lender-owned home vacant more than 120 days | Yes |
The vacancy clock can catch a seller who doesn't think of themselves as an investor. A downsizer who emptied the house at the start of July and is listing now, at the end of October, has already passed 120 days. On paper that's an owner-occupant sale. Under the code, it's a covered transfer.
The Deadline Runs From the Listing
Owners of covered properties have to file a certificate of occupancy application with the Community Development Department "at the time of offering the real estate for sale or transfer," and no later than 21 days before the proposed transfer. The trigger is when the home is offered, so the clock starts with the listing, not the contract.
Once a request is in, the sequence the code lays out goes like this:
- The owner or agent files the Real Estate Transfer Inspection Request form with Community Development at 12 South Center Street, listing the scheduled closing date.
- The $55 fee is paid before the inspection. It covers one inspection and two reinspections per unit. The Village's 2026 fee schedule also lists $55.
- The building official makes an appointment within five working days, or later if the applicant asks.
- If the home complies with the Village's life safety code, a certificate of occupancy is issued.
- Every reinspection after the second costs $25 per unit, paid in advance.
The fees are small. The schedule is what can hurt. If the first inspection turns up the kind of list from 2019, getting a certificate depends on contractors, permits and reinspections all fitting inside a contract timeline.
The Form Asks About Your Remodel
The request form asks more than the address and closing date. It asks when the owner bought the property, the year the house was built, and whether a transfer inspection has been done before. It also asks the owner to list improvements made since purchase, with examples like "the addition of the garage or room, deck or major remodel."
The office-use section has a field for "Permitted Occupancy."
For a landlord who finished a basement or rebuilt a deck years ago without pulling permits, this is the point where that work comes up. The 2019 notice did this repeatedly: the driveway paving was marked "permit needed," and the deck railing replacement "may be required" to have a permit, with the owner told to check with the Village.
What Inspectors Write Up
Section 9-2-5 doesn't publish a checklist. It only refers to the Village's life safety code. The Village's rental inspection chapter does list common violations for single-family homes, and the items match what turns up on transfer notices:
- Address not visible from the front or from the alley
- Guardrails under 30 inches and balusters spaced more than 4 inches apart
- Faulty or missing GFCI outlets and open junction boxes
- Sump pump in violation
- Improper gas shutoff, gas supply line or dryer vent
- Bathroom without an exhaust fan, improper flue pitch or chimney seal
- Missing smoke detectors and carbon monoxide detectors
The sump pump item has a specific meaning here. The rental inspection standards call out "avoidance of the cross connection of stormwater sump pump and sanitary sewer systems."
Older Village correction notices also say an inspection "can be substantially limited by access available and stored items or furniture," and that some properties may need separate inspections of heating, roofing, structure or fire protection systems. A vacant house that's been emptied and cleaned is easier to inspect, so the inspector can see more.
The code says the Village doesn't warrant the condition of any property it inspects or promise that every deficiency is listed, and that issuing a certificate doesn't waive its right to enforce other ordinances. Buyers still need their own inspection.
When Repairs Aren't Finished by Closing
The current code doesn't say what happens when repairs are still open on closing day. It says a covered transfer without a certificate is unlawful and subject to the penalties in Section 1-4-1. It also allows the Village to seek an administrative search warrant if an owner refuses inspection, and to sue for compliance and recover attorney fees and court costs. If a home is found uninhabitable, the building official posts it "No Occupancy" until enough repairs are made for a temporary occupancy permit.
Past Village paperwork shows how this has worked in practice. A correction notice released in a 2017 public records response says that if violation repairs aren't done before closing, the buyer and sellers have to sign a "Letter of intent" listing the violations and committing to complete repairs within 30 days of closing. The Village then issues a temporary certificate of occupancy, and "a CASH BOND may be required." A 2019 transfer inspection notice says that a home sold as-is needs a notarized letter of intent from the buyer promising that all items will be repaired within 60 days of closing.
These documents are years old, they don't agree with each other, and neither one is current code. If a closing depends on that route, confirm today's process with Community Development at 630-350-3413 before the contract is signed.
The Buyer of a Rental Gets a Second Inspection Cycle
A buyer who plans to keep tenants in a Bensenville home has another step after closing. Under the Village's Dwelling Inspection Program, a new owner has to re-register the rental within 30 days of the change in ownership. Registrations last one calendar year. Failing to register can bring a fine of up to $750, under language last amended by Ordinance 5-2025 in January 2025.
The 2026 fees are $211 for a single-family home, $222 for a two-family home, and $210 per building plus $11 per unit for multifamily. Each fee covers registration and two inspections, and additional inspections cost $75 each. Annual inspections are required for registered rentals.
So a rental can be inspected under the transfer rule before closing and then again under the rental program in the new owner's first year. The violation lists overlap. If the transfer inspection items are fixed properly before closing, the annual rental inspection has less to find.
FAQ
Does Bensenville require a final water reading before a sale? The Village has a separate termination-of-service application that has to be received before a property sale. It records the final meter read and asks the seller how the final bill will be paid. It's a separate process from the transfer inspection.
Does a 3-flat or larger building need a transfer certificate? Section 9-2-5 lists one-family, attached one-family, condominium and two-family dwellings. Owners of larger buildings should ask Community Development which requirements apply to their property.
Who can request the inspection? The code allows the owner, an agent, or another person authorized to sell the home to request it.
This post is general information about Village rules, not legal, tax or financial advice. Confirm how they apply to your property with the Village and your real estate attorney.
If you're selling a tenant-occupied or vacant home in Bensenville, or buying one to rent out, talk with Timothy Soltys before you list or write an offer. We'll put the transfer inspection and the rental re-registration on the calendar at the start, so they don't hold up your closing.
