Georgia Commons

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.

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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.

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-045)Primary sponsor
  • Randy Robertson (R, SD-029)
  • Shawn Still (R, SD-048)
  • Russ Goodman (R, SD-008)
  • Sam Watson (R, SD-011)
  • Victor Anderson (R, HD-010)

Votes

  1. PassedSenate voteMarch 3, 2026

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

    Passage By Substitute: Senate Vote #604

Topics

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

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Answers come from this document. Not legal advice.

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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