---
title: 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
collection: bills
id: 2025-2026/sb437
cite_as: SB 437, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb437
md_url: https://georgiacommons.org/bills/2025-2026/sb437.md
text_url: https://georgiacommons.org/bills/2025-2026/sb437/text
source_url: https://www.legis.ga.gov/legislation/72582
date: 2026-03-31
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 777
omitted_url: https://georgiacommons.org/bills/2025-2026/sb437.md?full=1
bill_number: SB 437
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-03-03
last_action: House Postponed
sponsors:
- Clint Dixon
- Randy Robertson
- Shawn Still
- Russ Goodman
- Sam Watson
- Victor Anderson
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB437/2025
upstream_id: 2100278
summaries_model: claude-sonnet-5
topic_tags:
- building permits
- home construction
- building inspections
- local government regulation
- construction codes
---
# 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
## Text
The House Committee on Governmental Affairs offers the following substitute to SB 437:
A BILL TO BE ENTITLED
AN ACT
To amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia
Annotated, relating to state building, plumbing, and electrical codes, so as to provide for
building inspection procedures for residential properties; to provide for schedules of certain
fees; to provide for certain notifications; to provide for acknowledgment of an applicant's use
of a private professional provider to conduct an inspection and that such inspection may
proceed regardless of whether the local governing authority had performed its own
inspection; to permit in person or virtual inspections; to provide for a shorter period for local
governing authorities to approve applications; to prohibit local governing authorities from
charging convenience fees; to provide for procedures to use a private professional provider
for inspection; to provide for an acknowledgment; to authorize prequalification; to provide
for prequalification procedures; to authorize permit denial; to provide procedures for permit
denial; to provide for immunity; to prohibit more stringent requirements; to provide for
certain stop orders; to provide for complaint procedures; to provide for definitions; to provide
for related matters; to provide for an effective date and applicability; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating
to state building, plumbing, and electrical codes, is amended by adding a new subsection to
Code Section 8-2-26, relating to local enforcement, inspectors, and building permits, to read
as follows:
"(h)(1) Notwithstanding subsection (g) of this Code section, this subsection shall apply
to residential structures, including, but not limited to, single-family residences,
townhomes, and condominiums three stories or less.
(2) As used in this subsection, the term:
(A) 'Complete application' means a submitted plan, application, or request for
inspection that contains all of the information and supporting documentation required
by the county or municipality for it to make the determination as to whether the plan,
application, or request is in compliance with regulatory requirements.
(B) 'Private professional provider' means a:
(i) Professional engineer who holds a certificate of registration issued under
Chapter 15 of Title 43;
(ii) Professional architect who holds a certificate of registration issued under
Chapter 4 of Title 43; or
(iii) Qualified inspector as such term is defined in Code Section 8-2-26.1
who is not an employee of or otherwise affiliated with or financially interested in the
person, firm, or corporation engaged in the construction project to be reviewed or
inspected.
(C) 'Regulatory fee' means payments, whether designated as permit fees, application
fees, or by another name, that are required by a local government as an exercise of its
police power, its regulation of business, and as a part of or as an aid to regulation of
construction related activities under this chapter.
(D) 'Regulatory requirements' means the requirements determined by a county or
municipality to be necessary for approval of plans, permits, or applications under this
chapter; provided, however, that, with respect to any application, such requirements
shall include the state minimum standard codes most recently adopted by the
Department of Community Affairs and any locally adopted ordinances and amendments
to such codes; applicable zoning ordinances and conditions; design standards; and other
state and local laws, regulations, and ordinances applicable to the application in
question.
(3) Each county or municipality which imposes regulatory fees or regulatory
requirements within its jurisdiction shall establish and make available a schedule of such
regulatory fees and regulatory requirements which shall include a list of all
documentation related to compliance with such regulatory requirements, including the
requirements necessary for submittal of a complete application. The amount of any
regulatory fee shall approximate the reasonable cost of the actual regulatory activity
performed by the local government and shall be subject to the provisions of paragraph (6)
of Code Section 48-13-5.
(4) No later than five business days after receipt of any application related to regulatory
requirements, a local building official of a county or municipality shall notify each
applicant as to whether the submitted documents meet the requirements of a complete
application and shall acknowledge whether an applicant retained a private professional
provider to provide the required inspection, allowing the applicant to proceed with the
inspection irrespective of whether the county or municipality has conducted an
inspection. Except as otherwise provided in this paragraph, time spent by a county or
municipality determining whether an application is complete shall count toward the total
15 business days for inspection. If a local building official determines that the
application is not complete, the applicant shall be provided written notice identifying the
items that are not complete. The 15 business-day time period is tolled when the
application is rejected as incomplete. If within 15 business days after the county or
municipality has provided notice that the application is incomplete the permit applicant
submits revisions to address the identified deficiencies, the local building official shall
have an additional five business days to review the application for completeness.
(5) At the time a county or municipality notifies the applicant that a complete application
has been accepted, it shall also notify such applicant as to whether the personnel
employed or contracted by such county or municipality will be able to provide inspection
services within two business days of receiving a valid written request for inspection.
(6) The applicant shall have the option of retaining, at its own expense, a private
professional provider to provide the required inspection, conducted in person, or virtually,
for residential single construction trades, such as structural, plumbing, mechanical, or
electrical and consisting of ten or less inspections, in accordance with the provisions of
this Code section irrespective of whether the county or municipality determines that the
personnel employed or contracted by such county or municipality can provide regulatory
action or inspection services within the time frames required under paragraph (5) of this
subsection. If the applicant elects to utilize the services of a private professional
provider, 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 in
accordance with such jurisdiction's policies. The local governing authority shall not
charge any convenience fees when an applicant retains a private professional provider to
provide the required inspection.
(7)(A) An applicant using a private professional provider pursuant to paragraph (6) of
this subsection shall notify the local governing authority in writing at the time of the
permit application, or by 2:00 P.M. two business days before the first scheduled
inspection by the local governing authority that a private professional provider has been
contracted to perform the required inspection. This notice shall include:
(i) The services to be performed by the private professional provider;
(ii) The name, firm, address, telephone number, and email address of the private
professional provider performing such services;
(iii) A directory of licensed individuals who are eligible to perform such services;
(iv) The private professional provider's professional licenses or certification numbers;
(v) A certificate demonstrating professional liability insurance coverage in place for
the private professional provider's firm, the private professional provider, and any
duly authorized representative in the amounts required by this subsection; and
(vi) A written acknowledgment from the applicant in substantially the following
form:
'I have elected to use one or more private professional providers to provide building
code inspection services on the building or structure that is the subject of the
enclosed permit application, as authorized by O.C.G.A. Section 8-2-26(g). I
understand that the county or municipality may not perform the required building
inspection to determine compliance with the applicable building codes, except to the
extent specified in said codes. Instead the required building inspections will be
performed by the licensed or certified personnel identified in the application. The
law requires minimum insurance requirements for such personnel. By executing
this form I acknowledge that I have made an inquiry regarding the competence of
the licensed or certified personnel and the level of their insurance and am satisfied
my interests are adequately protected. I agree to indemnify, defend, and hold
harmless the county and/or municipality, and their building code enforcement
personnel from any and all claims arising from my use of these licensed or certified
personnel to perform building code inspection services with respect to the building
or structure that is the subject of the enclosed permit application.'
(vii) The commissioner shall promulgate a notice form on the department website
that meets the requirements of divisions (i) through (vi) of this subparagraph.
(B) If the applicant makes any changes to the listed private professional providers or
services to be provided by such private professional providers, the applicant shall,
within one business day after any change or within two business days of the next
scheduled inspection, update the notice to reflect such changes.
(C) A change of private professional provider named in the permit application does not
require a revision of the permit, and the local governing authority shall not charge a fee
for making such change.
(8) Any inspection conducted either in person or virtually by a private professional
provider shall be no less extensive than inspections conducted by county or municipal
personnel.
(9) The person, firm, or corporation retaining a private professional provider to conduct
an inspection shall be required to pay to the county or municipality which requires the
inspection the regulatory fees and charges which are required by paragraph (6) of this
subsection.
(10) All private professional providers providing inspection services pursuant to this
subsection shall secure and maintain insurance coverage for professional liability (errors
and omissions) insurance. The limits of such insurance shall be not less than $1 million
per claim and $1 million in aggregate coverage for any project with a construction cost
of $10 million or less and $2 million per claim and $2 million in aggregate coverage for
any project with a construction cost of more than $10 million. Such insurance may be
a practice policy or project-specific coverage. If the insurance is a practice policy, it shall
contain prior acts coverage for the private professional provider. If the insurance is
project-specific, it shall continue in effect for two years following the issuance of the
certificate of final completion for the project. A local enforcement agency, local building
official, or local government may establish, for private professional providers working
within that jurisdiction, a system of registration listing the private professional providers
within their stated areas of competency. The permit applicant shall verify compliance
with the insurance requirements of this paragraph.
(11) The private professional provider shall be empowered to perform any inspection
required by the governing authority of any county or municipality, including, but not
limited to, inspections for footings, foundations, concrete slabs, framing, electrical,
plumbing, heating ventilation and air conditioning (HVAC), or any and all other
inspections necessary or required to determine compliance with all regulatory
requirements and for the issuance of a building permit or certificate of occupancy by the
governing authority of any county or municipality, provided that the inspection is within
the scope of such private professional provider's area of competency; and provided,
further, that a qualified inspector acting as a private professional provider shall only be
empowered to perform an inspection within an area for which such qualified inspector
has been issued a certification, license, or completion of training provided for in
paragraph (2) of subsection (a) of Code Section 8-2-26.1. Nothing in this Code section
shall authorize any private professional provider to issue a certificate of occupancy. Only
a local governing authority shall be authorized to issue a certificate of occupancy.
(12) Upon submission by the private professional provider of a copy of his or her
inspection report to the local governing authority, said local governing authority shall be
required to accept the inspection of the private professional provider without the necessity
of further inspection or approval by the inspectors or other personnel employed by the
local governing authority unless said governing authority has notified the private
professional provider, within two business days after the submission of the inspection
report, that it finds the report incomplete or the inspection inadequate and has provided
the private professional provider with a written description of the deficiencies and
specific regulatory requirements that have not been adequately addressed.
(13) A local governing authority may provide for the prequalification of private
professional providers who may perform inspections pursuant to this subsection. No
ordinance implementing prequalification shall become effective until notice of the
governing authority's intent to require prequalification and the specific requirements for
prequalification have been advertised in the newspaper in which the sheriff's
advertisements for that locality are published, and by any other methods such local
authority ordinarily utilizes for notification of engineering, architecture, or construction
related solicitations. The ordinance implementing prequalification shall provide for
evaluation of the qualifications of a private professional provider only on the basis of the
private professional provider's expertise with respect to the objectives of this subsection,
as demonstrated by the private professional provider's experience, education, and
training.
(14) Nothing in this subsection shall be construed to limit any public or private right of
action designed to provide protection, rights, or remedies for consumers.
(15) If the local building official determines that the building construction does not
comply with the applicable regulatory requirements, the official may deny the permit or
request for a certificate of occupancy or certificate of completion, as appropriate, or may
issue a stop-work order for the project or any portion thereof as provided by law, after
giving notice to the owner, the architect of record, the engineer of record, or the
contractor of record and by posting a copy of the order on the site of the project and
opportunity to remedy the violation within the time limits set forth in the notice, if the
official determines noncompliance with regulatory requirements, provided that:
(A) A local building official shall be available to meet with the private professional
provider within two business days to resolve any dispute after issuing a stop-work order
or providing notice to the applicant denying a permit or request for a certificate of
occupancy or certificate of completion; and
(B) If the local building official and the private professional provider are unable to
resolve the dispute or meet within the time required by this Code section, the matter
shall be referred to the local enforcement agency's board of appeals, if one exists, which
shall consider the matter not later than its next scheduled meeting. Any decisions by
the local official, if there is no board of appeals, may be appealed to the Department of
Community Affairs as provided in this chapter. The Department of Community Affairs
shall develop rules and regulations which shall establish reasonable time frames and
fees to carry out the provisions of this paragraph.
(16) The local government, a local building official, and local building code enforcement
personnel and agents of the local government shall be immune from liability to any
person or party for any action or inaction by an owner of a building or by a private
professional provider or its duly authorized representative in connection with inspection
services by private professional providers as provided in this subsection.
(17) 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 subsection shall not preempt any local laws,
rules, or procedures relating to the plan submittal process of local governing authorities.
(18) Nothing in this subsection shall limit the authority of a local code official to issue
a stop-work order for a building project or any portion of such project, which may go into
effect immediately as provided by law, after giving notice and opportunity to remedy the
violation, if the official determines that a condition on the building site constitutes an
immediate threat to public safety and welfare. A stop-work order issued for reasons of
immediate threat to public safety and welfare shall be appealable to the local enforcement
agency's board of appeals, if one exists, in the manner provided by applicable law. Any
decisions by the local official, if there is no board of appeals, may be appealed to the
Department of Community Affairs as provided in this chapter.
(19) When performing inspection services, a private professional provider is subject to
the disciplinary guidelines of the applicable professional licensing board with jurisdiction
over such private professional provider's license or certification under Chapters 4 and 15
of Title 43, as applicable. Any complaint processing, investigation, and discipline that
arise out of a private professional provider's performance of inspection services shall be
conducted by the applicable professional licensing board. Notwithstanding any
disciplinary rules of the applicable professional licensing board with jurisdiction over
such private professional provider's license or certification under Chapters 4 and 15 of
Title 43, any local building official may decline to accept inspection services submitted
by any private professional provider who has submitted multiple reports which required
revisions due to negligence, noncompliance, or deficiencies.
(20) Nothing in this subsection shall apply to inspections exempted in Code
Section 8-2-26.1.
(21) To the extent that a provision of this Code section conflicts with requirements of
federal laws or regulations or impairs a county's or municipality's receipt of federal funds,
such provision shall not apply."
SECTION 2.
This Act shall become effective on July 1, 2026, and shall apply to all inspections occurring
on or after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Engrossed (2026-03-03)
- Last action: House Postponed (2026-03-31)
- Sponsors: Clint Dixon, Randy Robertson, Shawn Still, Russ Goodman, Sam Watson, Victor Anderson
- Official page: https://www.legis.ga.gov/legislation/72582
> The history, votes, and amendments (777 characters) are at https://georgiacommons.org/bills/2025-2026/sb437.md?full=1