Starting Sept. 1, Texas state law requires inspections for residential construction in unincorporated areas or in areas not subject to municipal inspections. There are three required inspections: foundation, framing and mechanical systems, and final sign-off. These requirements apply to new construction or qualified remodeling projects that begin on or after Sept. 1.
“Residential builders and certain remodelers are required to register with the Texas Residential Construction Commission. Property Code Section 401.003 defines a builder/remodeler as any person who, for a fixed price, commission, fee, wage, or other compensation, sells, constructs, or supervises or manages the construction of, or contracts for the construction of or the supervision or management of the construction of: a new home; a material improvement that either increases or decreases the home’s total square footage of living space and also modifies the home’s foundation, perimeter walls or roof; or an interior remodeling/renovation project that exceeds $10,000″ (see the entire “County Inspection Form and Instructions” here).
The commission can take disciplinary action against a builder or remodeler who fails to comply with the inspection requirements. It is the builder and remodeler’s responsibility to secure the three required inspections for qualified residential construction projects in unincorporated areas or areas not subject to municipal inspections.
This is a huge step in the right direction by the TRCC (Texas Residential Construction Commission) to insure the quality and integrity of the new home builders construction for workmanship and defects. I have always strongly recommended to ALL my home buyers to monitor their new home construction, but most do not have the time/expertise to know what to look for. On EVERY new or custom home I sell, I monitor this construction and send my home buyers copies of my inspections – very few REALTORS do this, but it is extremely important that a REALTOR follow-up with the Builder Superintendents and report back to his client after these inspections are done! There have been many times where inspections were either not done or insuffiently done, and the homeowner suffered the consequences.
Keep in mind these new inspection rules are different from existing building codes already in effect for Tecas Builders – codes dictate how a builder must build a home. The building and performance standards spell out how a home must perform after it is built. The performance standards offer all Texans the promise that their newly purchased home will remain structurally sound for years to come.
The TRCC has started a voluntary program called “Texas Star Builders.” This program, detailed in the Star Builder brochure, acknowledges a registered builder/remodeler’s exemplary experience and business practices. A builder or remodeler that qualifies for the program must meet certain criteria regarding experience, educational levels, training, financial stability and insurance. They must also show a commitment to building to meet the commission’s warranties and building performance standards. These requirements vary based on the volume of home projects the builder registers with the commission each year.
In order to qualify, a builder or remodeler must also provide documentation that indicates an excellent financial history and overall positive association with a financial institution, as well as information about their experience, training, education, building practices and participation in the building community.
How will a homeowner or a builder get more information on warranties and performance standards?
The commission-adopted limited warranties and building and performance standards – effective June 1, 2005 – apply to all home construction projects. The warranties and performance standards in effect at the time of construction are the ones that will govern a dispute between the homeowner and builder. Current standards are available on the commission Web site. If a homeowner or builder has a question about the warranties and building and performance standards applicable to a particular construction project built at some time in the past, they should contact the commission for guidance on how to identify the applicable standards.
Tags: austin area real estate, austin new home builders, Austin new homes, new home inspections, phil hutson realtor
