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Senate · Engrossed · 2025-2026 Regular Session

SB 437: State Building, Plumbing, and Electrical Codes; acknowledgement of an applicant's use of a private professional provider to conduct a plan review or inspection; provide

Last action March 31, 2026 · House Postponed

A Georgia Senate bill would let homeowners and builders hire private licensed inspectors to review residential building projects instead of waiting on local government inspectors, with a discount on permit fees when they do.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.

In plain language

Currently, county and city building departments handle inspections for residential construction like single-family homes, townhomes, and condos of three stories or less. This bill adds a new section to Georgia's building code law (O.C.G.A. § 8-2-26) letting applicants hire a private professional provider, a licensed engineer, architect, or qualified inspector not affiliated with the project, to perform required inspections instead of waiting on the local government. Local officials must tell applicants within five business days whether their application is complete, and must confirm whether the applicant is using a private inspector. If an applicant uses a private inspector, the local government's regulatory fee for that inspection drops by 50 percent, and localities cannot charge convenience fees. Private inspectors must carry professional liability insurance, and local officials must generally accept their inspection reports unless they flag problems within two business days. Local governments can still deny permits or issue stop-work orders for noncompliance, and cannot impose stricter rules than the law allows. The changes take effect July 1, 2026, applying to inspections after that date.

What the bill does

  • Allows applicants for residential building permits to hire a private professional provider (a licensed engineer, architect, or qualified inspector) to conduct inspections instead of using local government inspectors.
  • Cuts the local government's regulatory fee by 50 percent when an applicant uses a private inspector, and bars local governments from charging convenience fees in that case.
  • Requires local building officials to notify applicants within five business days whether an application is complete and whether the applicant is using a private inspector.
  • Requires local governments to accept a private inspector's report without further review unless they flag it as incomplete or inadequate within two business days.
  • Requires private inspectors to carry professional liability insurance of at least $1 million per claim (or $2 million for projects over $10 million) and grants local governments and officials immunity from liability tied to private inspections.
  • Bars local governments from adopting rules, fees, or standards stricter than what this new law allows for private inspection programs.

Who it affects

Homeowners and builders working on single-family homes, townhomes, and condos three stories or less; local county and municipal building departments and inspectors; licensed engineers, architects, and qualified inspectors who could serve as private providers; and professional licensing boards that oversee those providers.

Why it matters

Builders and homeowners could potentially get inspections done faster by hiring a private inspector rather than waiting on a local government's schedule, and would pay a reduced fee for doing so. Local governments would lose some inspection fee revenue and control, but retain authority to deny permits or issue stop-work orders for code violations.

Key provisions

  • Adds subsection (h) to O.C.G.A. § 8-2-26, applying to residential structures three stories or less, including single-family homes, townhomes, and condos.
  • Requires local governments to publish a schedule of regulatory fees and requirements, including everything needed for a 'complete application.'
  • Local officials have five business days to say if an application is complete and note if a private inspector is being used; this period pauses if the application is deemed incomplete.
  • Applicants using a private inspector get a 50 percent reduction in the regulatory fee, and can't be charged a convenience fee for using one.
  • Private inspectors must notify the local government in writing with details on the inspector's credentials, insurance, and a signed acknowledgment form from the applicant.
  • Local governments must accept a private inspector's report unless they flag deficiencies in writing within two business days of submission.
  • Local officials retain power to deny permits, deny certificates of occupancy, or issue stop-work orders for noncompliance, with a dispute process involving the local board of appeals or the Department of Community Affairs.
  • The law takes effect July 1, 2026, and applies to inspections occurring on or after that date.

From the bill

“the regulatory fees associated with such regulatory action shall be reduced by 50 percent and such reduced amount shall be paid to the county or municipality”

This is the core fee discount for applicants who choose a private inspector, though wording is condensed here from the original layout.

“Only a local governing authority shall be authorized to issue a certificate of occupancy.”

Even with private inspections, only the local government can formally issue a certificate of occupancy.

“No local enforcement agency, local code official, or local government shall adopt or enforce any rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this subsection.”

This bars local governments from making their private inspection rules stricter than the state law allows.

Discussed in meetings (17)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. Senate State and Local Governmental Operations Committee, February 5, 2026

    From 0:22:14 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said the bill would shorten a 30-day review period to 10 days, clarify private inspections, allow optional virtual inspections, halve government fees when private providers are used, and standardize forms through the Department of Community Affairs. The sponsor argued that faster approvals would reduce costs. Asked whether local governments could reject a qualified private inspector, the sponsor said no. Georgia Realtors supported reducing delays, and a Home Builders Association of Georgia witness said private inspections could save two to three weeks per house. A private-provider witness described live contractor-held cameras, location checks, digital records, registration and liability protections. Members questioned fraud risks, inspector independence, out-of-state accountability and whether comprehensive virtual inspections protect safety. Several favored in-person initial inspections. An ACCG witness raised local-control concerns and requested more time. A Building Officials Association of Georgia witness said complex projects require other agencies’ reviews first, inspectors are certified rather than licensed, and virtual inspection records are not required. That witness supported only limited virtual uses and questioned whether local choice was clear. Members discussed 15 business days, restricting the bill to single-family homes or smaller projects, and preparing a substitute. No amendment or bill vote occurred. The chair designated the discussion a hearing only and deferred further consideration to the next meeting.

  2. Senate State and Local Governmental Operations Committee, February 9, 2026

    From 0:29:46 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The chair presented a revised SB 437, saying it extended the review period from 10 days to 15 business days and limited the bill to residential structures. The chair explained that a new code section accounted for the substitute’s greater length. One member raised concerns about limited time to review it. Another supported the compromise despite reservations about virtual inspections. A member questioned whether residential high-rises would qualify, then offered a three-story limit, which passed unanimously. Another member argued that an inspector must be physically present to assess safety and proposed limiting virtual inspections to follow-up checks of 10 or fewer listed corrections. The chair said virtual inspections would be optional for local governments, not mandatory. Asked whether the correction limit applied per residence, the amendment’s proposer said it followed the certificate of occupancy being sought, potentially covering multiple units together. A member also asked whether local codes were covered; the chair said the cited introductory heading did not control the bill’s operation. The virtual follow-up amendment passed 4–2 after the chair corrected the initial count. The committee then unanimously recommended passage of the substitute as amended.

  3. Senate Rules Committee, February 12, 2026

    From 0:05:15 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: After some confusion about which proposal was being discussed, the chair clarified that SB 437 needed to move to the standing committee for changes. A member made that motion, and the committee approved it unanimously. No specific changes or substantive provisions were discussed.

  4. Senate Rules Committee, February 18, 2026

    From 0:04:07 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said the bill addresses building permits and deadlines for municipalities to process them. The sponsor explained that a committee amendment had unintentionally broadened access to virtual inspections through language covering reinspection lists of 10 items or fewer. The proposed substitute would replace that language with a provision for residential single construction trades, including structural, plumbing, mechanical and electrical work, consisting of 10 or fewer inspections. One committee member asked whether environmental inspections, septic tanks and concrete footings were included. The sponsor said environmental inspections were excluded and footings were not intended to be covered, but expressed openness to adding them. The member suggested considering that later in the House. Another member asked about small counties without code inspectors. The sponsor said the bill would preserve their use of outside inspectors, give builders a third-party option and not bypass the local process. No public testimony was offered. The committee unanimously approved the substitute.

  5. Senate Rules Committee, February 26, 2026

    From 0:13:17 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The chair called up SB 437 and directed members to read it, without a substantive presentation. A member later selected it for the floor calendar. The committee unanimously approved the calendar containing the bill.

  6. Senate floor session, March 3, 2026 (legislative day 26)

    From 1:53:17 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)

    Summary by Georgia Commons: The sponsor said SB 437 would clarify that builders and property owners could immediately use private professionals for plan reviews and inspections, rather than wait 30 days. The sponsor said the bill would shorten the review or inspection timeline from 30 days to 15 business days and offer, but not require, virtual inspections for residential buildings under three stories. The sponsor described virtual inspections for work such as roofing, mechanical systems and heating and air conditioning, saying recordings and location tags would provide an audit trail. The sponsor said 17 other states allowed virtual inspections and that the option could speed follow-up checks on minor repairs. According to the sponsor, local governments would retain 50% of their fees when a private provider was used, forms would be standardized through the Department of Community Affairs, and licensing and certification requirements would not change. No substantive questions were asked. The Senate adopted the committee substitute and passed the bill 52-1.

  7. House Governmental Affairs Committee, March 26, 2026

    From 1:37:50 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The chair said the substitute to SB 437 would cover single-family homes, townhomes and condominiums up to three stories. The chair described published permit requirements and fees, review deadlines, a 50 percent fee reduction for private inspections, required acceptance of qualifying inspection reports, and insurance requirements. Local governments would retain authority over occupancy certificates and stop-work orders. Asked about liability, the chair said private providers would be responsible for their services; another member said contractors remained responsible and private providers' insurance added protection unavailable through county inspections. An Association of County Commissioners of Georgia witness said the organization had just received the substitute and needed legal and membership review. A Building Officials Association of Georgia witness opposed mandatory acceptance of private reviews, citing local control, homeowner protection and coordination with zoning requirements. A committee member argued that private review offered a remedy for incorrect local inspection decisions. A private-provider witness supported clearer choices for contractors and virtual inspections, saying these could reduce delays. Members adopted an amendment raising the project-cost threshold for higher insurance coverage from $5 million to $10 million. Its proposer said this would avoid excluding smaller engineering firms. The committee approved the amended bill by voice vote, with no opposition heard.

  8. House Rules Committee, March 31, 2026

    From 1:01:10 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 3954

    Summary by Georgia Commons: The sponsor said SB 437 would let residential construction applicants use third-party reviewers from the outset, shorten approval time from 30 days to 15 business days, and allow local governments to offer virtual inspections for single-trade work. The sponsor said Atlanta, DeKalb County and Gwinnett County already use virtual inspections and emphasized that their use would be optional. A member asked whether shorter deadlines could force unwanted development on communities or compromise home quality. The sponsor replied that communities control growth through zoning and planning, while these projects have already been approved. The sponsor said 15 business days was sufficient for review and argued that virtual inspections could reduce delays and construction costs without sacrificing professional oversight. No decision was recorded.

  9. House floor session, March 31, 2026 (legislative day 39, part 3)

    From 1:58:18 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Postponed)

    Summary by Georgia Commons: The chair announced that consideration was postponed to the next legislative day. There was no substantive discussion.

  10. House Rules Committee, March 31, 2026

    From 0:29:44 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 3954

    Summary by Georgia Commons: The committee placed SB 437 on the supplemental floor calendar without stated opposition. No substantive discussion occurred.

Status timeline

  1. 2026-03-31House Postponed (House)
  2. 2026-03-27House Committee Favorably Reported By Substitute (House)
  3. 2026-03-06House Second Readers (House)
  4. 2026-03-04House First Readers (House)
  5. 2026-03-03Senate Passed/Adopted By Substitute (Senate)
  6. 2026-03-03Senate Third Read (Senate)
  7. 2026-02-19Senate Committee Favorably Reported By Substitute (Senate)
  8. 2026-02-17Senate Recommitted (Senate)
Show full history (12 actions)
  1. 2026-02-11Senate Read Second Time (Senate)
  2. 2026-02-10Senate Committee Favorably Reported By Substitute (Senate)
  3. 2026-01-29Senate Read and Referred (Senate)
  4. 2026-01-28Senate Hopper (Senate)

Sponsors

  • Clint Dixon (R, SD-45)Primary sponsor
  • Randy Robertson (R, SD-29)
  • Shawn Still (R, SD-48)
  • Russ Goodman (R, SD-8)
  • Sam Watson (R, SD-11)
  • Victor Anderson (R, HD-10)

Votes

  1. PassedSenate voteMarch 3, 2026

    52 yea, 1 nay (0 not voting, 2 excused)

    PASSAGE BY SUBSTITUTE: Senate Vote #604

Topics

  • building permits
  • home construction
  • building inspections
  • local government regulation
  • construction codes

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SB437: State Building, Plumbing, and Electrical Codes; acknowledgement of an applicant's use of a private professional provider to conduct a plan review or inspection; provide | Georgia Commons