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What does House Bill 2040 mean for Texas Builders?

Prior to House Bill 2040, if a new home in an unincorporated area was inspected and shown to be out of compliance with applicable building codes, the builder had no obligation to remedy the home and the county had no authority to require the builder to do so.

Beginning September 1, 2017, counties will now have the power to take legal action against a builder if the home is not shown to be in “compliance with applicable building code standards.”

What does this mean for builders?

  1. The inspection report(s) builders provide to the county must show “compliance with the applicable building code standards.”

  2. Inspectors have an obligation to provide thorough documentation which specifically references a builder’s adherence to the code standards.

  3. Builders will benefit from ICC combination code certified inspectors who are well versed in code compliance.

If you have any questions about what House Bill 2040 means for your team, please contact us. Burgess has been a third-party inspection firm in Texas for more than 30 years and will assist your team in any way possible.


AUSTIN: Eric Perkins, 210-669-0045

DALLAS/FT. WORTH: Craig Brooks, 214-888-7336

HOUSTON: Scott Gerner, 281-999-0888

SAN ANTONIO: Eric Perkins, 210-669-0045


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