Is your house falling down? Did the builder cut a few corners because he did not have to worry about a building department? As of September 1,2008, this should not be the case in Texas. The Texas state legislature has assigned the task to the Texas Residential Construction Commission (TRCC) of ensuring that all building projects from builders and remodelers working on projects costing over $10,000 will have to be registered, and that such projects will always be inspected.

The real change is the idea that all homes will need to be inspected. The phrasing in the code requires that all homes in unincorporated areas or municipalities which do not conduct inspections to now be inspected. The builder or remodeler will have to hire a county inspector to perform the appropriate inspections. For a new home, this will necessitate three inspections: a foundation inspection before the concrete is poured; a framing/mechanical inspection to be done before the interior wall coverings are placed; and a final home inspection when the structure is complete.

In the last paragraph, I introduced the term county inspector, which may be nice to define for you. Although some counties do have a building code, they do not have inspectors. The state provides a simple definition: a fee inspector, but I thought you may wish to know a little more than that. A fee inspector is either a licensed engineer, a registered architect, or a professional real estate inspector. To be considered a county inspector, this professional will have to be registered with the TRCC. (The registration process will be starting at the end of June or early July online at their site.)

What does this mean for the homeowner? If you built your own home and you live in it for one year, this new code effects you lightly. You will need to report to the buyer that the home has not been certified as being built to code. Ms. Rivera from the TRCC reported to me that this is on the Seller's Disclosure Form, but it should be revealed in the sales contract.

In the end, this is a step towards ensuring that buyers will be purchasing well built homes. There is still some work to do towards that goal. You could do your part by commenting on the draft rules that the TRCC is considering. There will be a meeting next week of the commission to discuss possible changes to the proposed rules. I have not checked yet, but I was told that we can view them online. This effects all of us who live in a home, so if you wish your voice to be heard, now is the time before the rules are set.


Your Houston home inspector,

Frank Schulte-Ladbeck

 
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10 Comments on County Inspections: Property Code Chapter 446 The New Texas Law for Residential Inspections

JUN
06
2008
419,384 Points 21 Featured Posts Localism Sponsor Outside Blog

Frank, that is a BIG change. I'm surprised that this is the first I have heard about it.  I have always thought it was NUTS that when you lived out in an unincorporated area it was just a free for all.  It seems most builders have been doing a fairly good job of regulating themselves but I know that is not always the case.

So I would love to hear about the wording on the inspection report that is being changed from needs repaired to doesn't meet today's standards or something like that.  Do you know what I am talking aobut?

10:44pm • #1
JUN
07
2008
1 Featured Post

Marchel, the new code was enacted in the last session, and up until now, I had not heard any of the details, just that it was going to be required. The discussion among several inspectors on Friday was how were we going to ensure ethical behavior on the part of those involved in the process. The current program for the state could allow some issues to slip, because they require the basic information from the county inspector. Did you inspect it? Did it pass? Period. We asked that there should be a form commenting on why it did not pass among other suggestions to help prevent fraud.

 

I have been reviewing the proposed changes to the inspection report and SOP codes for inspectors. I was preparing to send of my comments next week. The idea behind the draft is to change the terminology of the report to reflect more accurately what is happening. They are making it clear that no repairs are required to be made on the part of the seller or buyer. Moreover, the term "in need of repair" has been changed to "deficiencies" to reflect that an item may function, but it is not set up as it should be. For example, a missing anti-siphon device on a hose bib does not prevent function, but it does prevent a possible health hazard. So it does not really need to be repaired; it needs to be corrected. I have a copy of the draft of the report or code if you are anyone wants me to send them along for a look. The wording in the first section of the report is much longer. Plainer English with a better explanation, I think. Just let me know if you would like a copy.

6:26am • #2
183,038 Points 11 Featured Posts Outside Blog

Frank....this sounds like a good thing on the surface , but It would mean a lot of new hires which would mean adding to the construction costs, which would be passed on to the consumer!

1:31pm • #3
1 Featured Post

Joan, currently the county inspectors would be people already in business, like myself. There is a question as to whether the builder would hire us or if we remain independent. The inspection community leans towards remaining apart from the builders to help ensure an unbiased judgement. Cost to the consumer would be hard to determine, but it would not be so great as to significantly increase the cost of the home, but I could see a builder claiming such a statement to increase his profits. (However, I do not think this would be the case with most builders). I could see the cost to the builder in the range of $350 to $500 for all of the inspections. Building it right the first time: priceless :)

Read this story of what happened in Hutto, Texas. Lennar really screwed up on this one, and this is why such a requirement could benefit the consumer in the long run.

4:15pm • #4
419,384 Points 21 Featured Posts Localism Sponsor Outside Blog

Frank, I really think overall this a very good thing for Texas.  Coming here from another state I was amazed that if you lived in the county it was a free for all and NO ONE was watching what was being built; except the consumer. 

8:06pm • #5
JUN
08
2008
1 Featured Post

Marchel, I could not agree more, and I think that the TRCC is trying to do just that. As one inspector mentioned when some problems were pointed out in the system: baby steps people, baby steps; we are heading in the right direction. This code may not resolve everything, but we are moving that way.

6:31am • #6
JUN
23
2008
424,611 Points Localism Sponsor Outside Blog

Howdy Frank

I think this is a very good idea to help look out for home buyer's. There is a building in the town that I live in. That had two apartments put in it and not one permit was ever applied for. No building inspector from the town or county has never looked it over. The same holds true for a lot of building of new homes by some builder's in these parts.

 Texas is going in the right direction.

God Bless The U.S.A.

9:30pm • #7
JUN
24
2008
1 Featured Post

Dale, one of the most frequent questions posed to me is if a homeowner needed a permit for that remodel. It is amazing what is built in municipalities, and no one is watching. However, I am quite familar with the building department here in Houston, and I have to say the staff there is working hard, and trying to stay on top of things, which I imagine is the case in most cities. At least some steps are being taken, and the folks at the TRCC do seem like they really want to help out.

4:42am • #8

Around here in Ohio, there are county and city inspectors, but you never know what you're gonna get. Standards are so varied, that it is hard for a builder, or anyone to know what is expected.

So, as a home inspector, you have to be ready for and expect just about anything, and look for it.

There are many people, and builders who think that new houses don't need to be inspected by a private home inspector, but they are just fooling themselves.

5:20am • #9
1 Featured Post

Kevin, I could not agree with you more on the new home construction. Most buyers do not realize what is involved in the process of building a home from a company that has gone over to production building. Site managers or foremen cannot watch what is happening at each stage for every home, because they are busy with many homes at once. Plus with subcontractors and managers trying to meet tight budgets, some things slip. All of this depends from site to site too. The link in the comment above was about Lennar, but to be honest, I have inspected several of their homes were I was impressed by the quality, and others were I was not too impressed. Overall, I have suggested Lennar homes to people who are looking for particular features that I thought Lennar did well. I also have found that it is easier to work with Lennar as an inspector; they are more open with me than other builders. It is just too much of a mixed bag. Buyers need the protection, and a system which does not allow for fraud has to be developed. I am just glad that we are heading in that direction.

10:05am • #10

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Frank Schulte-Ladbeck

Houston, TX

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Frank Schulte-Ladbeck Professional Real Estate Inspections

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