Enforceability Status
Illinois does not have a mandatory statewide residential building code that applies to all jurisdictions. Building code adoption and enforcement is primarily a local government function. Most Illinois municipalities adopt versions of the International Building Code that require a CO, but requirements vary. A contract clause making the CO irrelevant may conflict with local codes where they exist.
Legal Analysis
Illinois does not impose a single mandatory statewide building code for residential construction in all jurisdictions. While the Illinois General Assembly has enacted various building-related statutes, including the Energy Efficient Building Act (20 ILCS 3125) and requirements for specific systems, comprehensive building code adoption and enforcement is primarily handled by municipalities and counties under their home rule or statutory authority.
Most Illinois municipalities, including Chicago, which has its own building code (Chicago Building Code), and suburban communities that adopt the International Building Code or International Residential Code, require a certificate of occupancy before a building may be occupied. However, some rural and unincorporated areas may lack comprehensive building code enforcement.
The enforceability of a contract clause making the CO irrelevant depends on the jurisdiction. In municipalities with active code enforcement and CO requirements (which includes most populated areas of Illinois), such a clause may conflict with local regulatory requirements. Illinois courts respect freedom of contract but may decline to enforce provisions that conflict with regulatory requirements or public policy.
Buyers in Illinois should determine whether their specific municipality requires a CO. In the Chicago metropolitan area and other major population centers, CO requirements are standard. The CO process verifies compliance with structural, electrical, plumbing, mechanical, and fire safety code requirements.
Relevant Illinois Law
Grants Illinois municipalities the authority to regulate buildings and construction, including the power to adopt building codes and require certificates of occupancy.
Establishes energy efficiency requirements for new construction, which are verified as part of the building inspection and CO issuance process in many jurisdictions.
Builders in Illinois Using This Clause
What Illinois Buyers Should Know
- Determine local CO requirements Building code requirements vary by municipality in Illinois. Contact your local building department to confirm whether a CO is required before occupancy.
- Verify CO issuance before closing If your jurisdiction requires a CO, confirm with the local building department that it has been issued before your closing date.
- Understand the CO's safety function The CO confirms that a building inspector has verified the home meets minimum code requirements for safe occupancy, including structural, electrical, plumbing, and fire safety standards.
- Consult an Illinois real estate attorney If your contract contains a clause making the CO irrelevant, seek legal advice to understand how this clause interacts with any applicable local building code requirements.