SB437: 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

Under current Georgia law, local governments handle inspections for building permits, and there's no statewide process letting private engineers or inspectors substitute for that work on residential jobs. This bill adds a new subsection to Georgia's building code law (O.C.G.A. Section 8-2-26) covering single-family homes, townhomes, and condos up to three stories. It lets applicants hire a private professional provider, a licensed engineer, architect, or qualified inspector with no financial ties to the project, to perform structural, plumbing, mechanical, or electrical inspections in person or virtually. Local officials must review applications within five business days and inspect within two business days if using their own staff. Using a private provider cuts the regulatory fee in half and bars local governments from charging convenience fees. Local officials keep authority to deny permits, issue stop-work orders, and are shielded from liability for the private inspector's work. The change takes effect July 1, 2026.

• Lets applicants for residential building permits hire a private professional provider (a licensed engineer, architect, or qualified inspector) to conduct required inspections instead of relying solely on local government inspectors.
• Cuts the regulatory fee by 50 percent when an applicant uses a private professional provider and bans local governments from charging convenience fees for that choice.
• Requires local building officials to notify applicants within five business days whether an application is complete and whether a private provider has been retained.
• Requires private providers to carry professional liability insurance of at least $1 million per claim (or $2 million for projects over $10 million) and to submit detailed notice paperwork to the local government.
• Gives local governments and their employees immunity from liability for actions connected to inspections performed by private professional providers.
• Bars local governments from adopting rules, fees, or standards stricter than what the bill sets out for this private inspection process.

Homeowners and builders working on single-family homes, townhomes, and condos of three stories or less; licensed engineers, architects, and qualified inspectors who could act as private providers; county and municipal building departments and inspectors; and the Department of Community Affairs, which handles appeals and rulemaking.

Builders and homeowners could get inspections done faster by hiring their own licensed inspector rather than waiting on local government schedules, and would pay less in fees for doing so. Local governments would lose some inspection fee revenue and control over inspection timing but keep permit and occupancy decisions.

• Paragraph (2) defines key terms including 'private professional provider' (a licensed engineer, architect, or qualified inspector with no financial stake in the project) and 'complete application.'
• Paragraph (4) requires local building officials to notify applicants within five business days whether an application is complete and whether a private provider will be used.
• Paragraph (6) lets applicants hire private providers for up to ten inspections per trade, and requires local governments to cut the associated fee by 50 percent with no added convenience fees.
• Paragraph (10) sets minimum professional liability insurance requirements for private providers, $1 million per claim ($2 million for larger projects).
• Paragraph (12) requires local governments to accept a private provider's inspection report unless they flag it as incomplete or inadequate within two business days.
• Paragraph (15) allows local officials to deny permits or issue stop-work orders for noncompliance, with a dispute process involving the local board of appeals or the Department of Community Affairs.
• Paragraph (16) grants local governments and their inspection staff immunity from liability connected to private provider inspections.
• Section 2 sets the effective date as July 1, 2026, applying to inspections occurring on or after that date.

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)

• 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)

1. PassedSenate voteMarch 3, 2026

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

   Passage By Substitute: Senate Vote #604

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