Frequently Asked Questions
FAQ - The Commission
What does the commission do?
The Texas Legislature established the commission in 2003 (House Bill 730 — 78th regular session). The commission registers home builders and remodelers and their projects and oversees the state’s formal inspection process. The inspection process allows homeowners and builders/remodelers a chance to resolve post-construction defect issues before proceeding with legal action.
The commission also helps consumers with general complaints about residential builders and remodelers, adopts and maintains the state’s limited warranties and building and performance standards, administers the Star Builder program and enforces the regulatory requirements related to residential builders and remodelers. In the very near future, the commission will develop an inspection process for homes built or remodeled in unincorporated areas of the state.
Who are the commissioners?
The Governor, with the advice and consent of the Senate, appoints nine people to the commission. The commissioners serve staggered, six-year terms. The commission includes four registered builders, three members of the general public, one residential construction engineer or architect and one residential construction inspector.
Are the commission's dealings open to the public?
The commission welcomes and encourages public participation. As a state agency, the commission complies with the state's Public Information and Open Meetings Acts. Commission meetings are open to the public. Eight days before any meeting, the commission posts agendas with the Secretary of State's office and on the commission's Web site. Much of the information the commission collects, such as builder or remodeler registrations and some builder or remodeler inspection request data, is available on the Web site under Commission Data Search.
What authority does the commission have to discipline builders and remodelers?
The commission is committed to ensuring quality construction for all Texans. To help the commission meet its goal, the Legislature has provided the commission a variety of effective tools. The commission can issue fines and take a number of disciplinary actions — including suspension or revocation of a builder’s registration in some cases — against builders or remodelers that do not do what the law requires of them. The commission can also issue cease and desist orders against builders and remodelers who violate the law and will not stop.
How is the commission funded?
The commission is self-funded and receives no tax revenue from the state. The commission covers its operation costs with registration fees it collects from registrants and from those who use the formal inspection process. All home builders and certain remodelers pay a $500 fee to register with the commission and a $300 renewal fee every other year. Builders and remodelers also pay a fee each time they register a qualifying construction project. In addition, the party who requests a formal inspection pays a $250 flat fee for the inspection. If the inspector's findings support the homeowner's claim, the commission can order the builder or remodeler to pay for the inspection. The commission can also waive or reduce the inspection fee if a homeowner cannot afford it.
Where can I get a copy of the statute or rules?
Statute and rule information is on the Web site.
How can I contact the commission?
There are a number of ways to reach the commission. Commission staff answers the toll-free helpline every weekday from 8 a.m. to 5 p.m. The commission receives mail at P.O. Box 13509; Austin, Texas 78711-3509. There is a different post office box number for letters that include a payment of fees to the commission. The commission is located at 311 E. 14th Street and staff can accept in-person deliveries. There are also numerous ways to contact the commission under the Want to Comment area of the Web site. Individuals who’d like regular updates on commission activities can sign up for the commission’s email list. The commission also accepts public comment at its open meetings and encourages the public to attend.
The commission encourages the public to supply input during the public comment period for each proposed rule change. Do this by providing written comment on a proposed commission rule to comments@trcc.state.tx.us. You must include in the subject line the language noted in the specific rulemaking project, which can be found in the proposed rule, or provide your written comments to: Susan K. Durso, General Counsel, Texas Residential Construction Commission; P.O. Box 13509; Austin, TX 78711-3509. For written comments you must mail 16 copies of your comments to the commission.
For general comments, you can provide your written materials, along with sixteen copies of the material, at least five days prior to any commission meeting for distribution to the commissioners. Send the material to: Texas Residential Construction Commission; P.O. Box 13509; Austin, TX 78711-3509.
FAQ - Homeowners/Homebuyers
Can the commission help me if I have a problem with my builder/remodeler or new home or remodeling project?
The commission will do all it can to assist. There are two processes available to help resolve an issue if it arises: the complaint process and the formal state inspection process.
You may use the complaint process to report any issues you have with your project, builder or remodeler. Often involving the commission through the complaint process reopens broken lines of communication to get things moving in a positive direction. When you send a written complaint, the commission forwards your letter to the builder or remodeler and requests a response. The commission has a special group of employees called ombudsmen who work with both parties to try to find an acceptable solution to a problem. If an ombudsman believes you have an issue that may be eligible for a formal inspection, they will assist you in applying for that process.
During the formal state inspection process, the commission assigns an independent third-party inspector to evaluate alleged post-construction defects for items that are still under warranty. The commission only can send an inspector after construction is complete.
What’s the difference between a post-construction defect and a contract-related issue?
A post-construction defect is a problem with the performance of the building materials or manner of construction that occurs after construction is complete. To be eligible for the inspection process, the alleged defect must have been identified during the minimum warranty period covering the item. For example, a cabinet door that falls off shortly after a builder finishes construction may be the result of a defective cabinet. On the other hand, if a homeowner orders red cabinets, but receives green cabinets, the fact that the cabinet color is not the one selected does not make the cabinets defective. The cabinets are not broken; they are not the color agreed upon in the contract. Issues like incorrect cabinet colors are contract-related. Post-construction defect items may be eligible for the inspection process, but contract issues are not. You should fill out a complaint form to provide the commission information about general complaints that are not eligible for the inspection process.
How can I file a general complaint (not an inspection request) with the commission?
File a written complaint with the commission via e-mail at info@trcc.state.tx.us, fax at (512) 463-9507 or mail to: P.O. Box 13509; Austin, Texas 78711-3509. You can also download a complaint form. Anyone can submit a complaint against a residential builder or remodeler, regardless of whether the person making the complaint is a homeowner.
How can I file an inspection request with the commission?
Fill out the inspection request form and fax to (512) 463-9507 or mail to: P.O. Box 13144; Austin, Texas 78711-3144. For a great deal more information about the process, please visit the Inspection Request FAQ.
Does the commission represent the homeowner or the builder?
The commission does not represent either party; the commission is interested in fairness to all involved parties. The commission’s goal when disputes arise is to help identify a solution that the homeowner and builder can accept. The commission also hopes to save both parties the cost and time typically associated with the court process. The commission will do all it can to achieve its overall mission to ensure quality construction for Texans.
What are some issues that fall outside of the commission’s jurisdiction?
The commission has no jurisdiction over issues involving: pre-construction, commercial construction, real estate agents, financing, contracts, incomplete construction resulting from abandonment, mortgage loans, mortgage rates or subcontractors.
How can I find out if a builder is registered and whether they’ve been subject to inspection requests?
Because purchasing a home is the biggest investment most people ever make, the commission provides as much information as it can in an easy-to-find way. With the builder search, you can track down important details about a builder or remodeler — facts like whether the builder or remodeler is registered, the number of homes a builder or remodeler has registered and the number of inspection requests where an inspector confirmed a construction defect. You also can call the commission toll free at 1-877-651-TRCC to check on a specific builder.
How can I find complaint information about a builder?
Information related to a builder or remodeler’s inspection request history is available using the builder search on the Web site. Keep in mind, the only items eligible for the inspection process are alleged post-construction defects still covered under a warranty period. The commission fields numerous complaints about issues that do not qualify for the inspection process. These complaints are not reflected in the inspection request data. If you’d like a copy of the complaints filed against a builder or remodeler, send your request to open.records@trcc.state.tx.us , fax to (512) 463-9507 or mail to: P.O. Box 13509; Austin, Texas 78711-3509. Be sure to include your contact information, including your mailing address, in your request.
Will I have to pay for the complaint information I request? I thought it was public information.
The information is public, but you still may have to pay for the cost associated with reproducing the information you need. The Public Information Act allows governmental bodies to recover the cost of providing copies. The commission waives the cost of providing copies up to 50 pages or $5. The costs recovered may include the cost per page, postage and, in some instances, labor and overhead. The Office of the Attorney General sets the costs that the commission can recover.
May I make an open record request over the phone?
No. You must make an open record request in writing. Your written request creates a record of what specifically you’ve asked for and when the commission received your request. Having the written record can help alleviate any dispute on those two issues, which may become important if the commission determines that some of the documents responsive to the request are ineligible for public disclosure. You may send your request by email, fax or regular mail.
Does the homeowner pay a fee for a formal inspection request?
Initially, yes. The homeowner pays a $250 fee to begin the formal inspection process. The fee pays for the third-party inspection. It’s important to note that in the vast majority of cases, the commission refunds the inspection request fee to the homeowner. This happens for a couple reasons. First, the commission refunds fees associated with inspection requests filed by consumers where there are no items eligible for the process. Second, on eligible requests, if the inspector confirms even a single defect, the commission refunds the fee the homeowner paid. The only time the homeowner is not refunded the fee is when the request contains eligible items, but the inspector cannot confirm a single alleged defect contained in the request.
What if I can’t afford the fee to file an inspection request?
The commission wants all homeowners who believe they have a post-construction problem to have the chance to have it investigated and resolved. If you don’t believe you can afford the inspection fee, fill out the Fee Waiver Request form. The commission may waive all or part of the fee in cases of financial hardship.
Can the commission make my builder fix my house?
Does the issue involve a post-construction defect that is still covered under its state-mandated warranty period? If so, and an independent inspector confirms the defect through the state’s inspection process, the builder should make a repair offer consistent with the inspector’s findings. The commission can take disciplinary action against a builder that repeatedly fails to make an offer when a final commission report states that a repair is required or when a builder repeatedly fails to perform on an offer. A homeowner is not required to accept an offer. If a homeowner is not satisfied with the results of the inspection process, they can still access the civil justice system. It’s important to note, however, that the inspector’s report carries legal weight in a civil proceeding. This means that a judge or arbitrator will consider the inspector’s report, including any repair recommendation, to be correct unless proven otherwise.
An issue that arises outside an item’s warranty period, occurs during construction or relates to a contract matter instead of a defect matter is not within the commission’s ability to inspect or rule upon. The commission will do all it can to help, but ultimately cannot force a builder to take action in these cases.
If my builder won’t fix my problem, will the commission?
The commission does not have employees available to make repairs in a home. When a problem arises, the commission will do all it can to work with you and your builder to address the issue.
What will the commission do if the builder won’t fix my house or takes my money and won’t fix my house?
The commission will do all it can to assist, including guiding consumers to the commission’s complaint process or formal inspection process, whichever is relevant. The commission will use all enforcement tools available when a builder refuses to fix a problem that they are legally required to remedy. For post-construction defect issues, a builder violates the law if it repeatedly fails to participate in the formal inspection process or if it repeatedly fails to repair a defect that an independent, third-party inspector has confirmed. If a builder repeatedly fails its obligations, the commission can take enforcement action. The commission also can take enforcement against a builder that commits a trust fund violation. If a builder takes your money without completing work, it may also be in your best interest to contact your local building official and an attorney.
Why won’t the commission inspect my house when problems arise during actual construction?
The law only allows the commission to send an independent, third-party inspector to evaluate an alleged post-construction defect. Your locality may be able to help if you have problems during construction.
What can the commission do if the builder is not building the home as the contract states?
This is another area where the commission will do all it can to help. Still, the homeowner often is best served by discussing the situation with the builder, contacting their local building department or seeking legal counsel.
What can I do if the builder I hired is not registered with the commission?
Contact us. If your builder is not registered but is working on projects that require registration, the builder is in violation of state law.
So, how do I request mediation or arbitration from the commission?
The commission does not offer formal mediation or arbitration. On the other hand, the commission does offer a formal inspection process to help resolve disputes related to post-construction defects. In addition, the commission has a team of ombudsmen to help open lines of communication between a homeowner and builder when a dispute arises that is not eligible for the inspection process.
What projects does a builder or remodeler have to register with the commission?
Builders must register all new construction of single family homes, duplexes and certain townhomes. Remodelers must register projects where the interior renovation exceeds $10,000 or, regardless of cost, where the remodel increases or decreases the livable square footage of a home. The commission does not have any jurisdiction over projects that are subject to a condominium regime.
How can I find out if my home is registered?
The commission wants consumers to understand their rights and the responsibilities of their home builder. Within 30 days after a builder or remodeler registers a project, the commission mails the homeowner a packet of information describing the commission, the state-sponsored inspection process, building and performance standards, warranty requirements and other information. When you receive the booklet, you can rest assured that your builder or remodeler registered your project appropriately. If you did not receive the booklet, you can call the commission at 1-877-651-TRCC to verify the home’s registration status.
If my home isn’t registered, does that mean it isn’t covered by the minimum-required warranties?
No. Registration has nothing to do with whether a home is covered by the minimum warranties.
Can the builder charge the buyer the home registration fee as a closing cost?
The commission charges a builder or remodeler a nominal fee to register qualifying projects. The commission cannot prevent the builder from passing that cost along to the buyer.
Someone lived in my house before I bought it. How can I find out who built my home?
If the home was built after January 1, 2004, the commission should have a record of it. Send a request to open.records@trcc.state.tx.us, fax to (512) 463-9507 or mail to: P.O. Box 13509; Austin, Texas 78711-3509. Be sure to include your contact information, the address of your home and your mailing address in your request.
Does the commission send the homeowner or builder a copy of the performance standards?
No. You can access the building and performance standards on the Web site.
Are builders and remodelers required to be bonded or have liability insurance?
The law does not require a builder or remodeler to be bonded or have liability insurance to register with the commission. On the other hand, most Star Builders in Texas are required to maintain liability insurance, are bonded and otherwise meet standards that demonstrate a superior commitment to customer satisfaction. For more information about the Star Builder program, see Miscellaneous FAQ.
My builder says there are no construction codes in the county. Is this true?
No, that’s not true. International Residential Codes apply in unincorporated areas, though the version applicable can vary. The version that applies is that which is adopted by the municipality that is the county seat of the county where construction is located. If the unincorporated area is a county that does not contain an incorporated area, the International Residential Code that existed on May 1, 2001, applies.
In addition, the commission is developing an inspection process for unincorporated areas of Texas. Law requires that the commission have this inspection process in place by September 1, 2008. For inspections in unincorporated areas, builders will have to secure inspections at three stages of construction as applicable to the type of construction project. The inspections will consist of: a prepour slab inspection; a frame/mechanical inspection; and a final inspection at project completion.
The commission will establish a reporting system and will issue a certificate of completion to homeowners within 30 days after registration of a home that is built or remodeled in an unincorporated area. Watch for upcoming developments related to this program, particularly your chance to offer comment when the commission proposes rules to guide the inspection process.
I was told I can save money if I build my own house and just pay someone to consult with me about getting permits, finding subcontractors and checking on their work. Is this true?
Before you do this, you really need to know what you’re getting into. Keep in mind, it may cost much more than simply your initial time and effort.
If you sell the home without living in it for a year, the law requires you to provide the state’s set of minimum warranties to subsequent homeowners, just as if you were a builder for a living. That’s right: The state’s required minimum warranties are your responsibility if you don’t live in the home for at least a year.
The required set of minimum warranties includes:
• a one-year workmanship and materials warranty;
• a two-year mechanical and delivery system warranty;
• a ten-year structural warranty; and
• a ten-year warranty of habitability.
If you live in your home for more than a year, you are not required to provide any warranties to subsequent homeowners, but you will be competing in a market where other homes carry at least the state’s minimum-required warranties. You will also have to disclose to future potential buyers that the home does not carry the state-required minimum warranties.
What is the definition of a townhome?
A townhome is a single-family dwelling unit constructed in a group of three or more attached dwelling units in which each unit extends from foundation to roof and with open space on at least two sides not more than three stories in height with a separate means of ingress and egress.
However, if a townhome is part of a condominium regime, then a townhome is not within the commission’s jurisdiction.
FAQ - Warranties
What state-mandated warranties are currently in place?
Limited statutory warranties for residential construction in Texas became effective on June 1, 2005. These warranties apply only to residential construction that began on or after that effective date. The required warranty periods reassure all home buyers that if a home component covered by the warranty does not perform up to the stated standard, the builder is obligated to repair or replace it. Any residential construction that began prior to June 1, 2005, is governed by the warranties and building and performance standards in the home’s original construction contract or, if there is no express warranty in the contract, the law may have implied certain warranties to protect the homeowner.
What are the warranty periods?
The statutorily-mandated periods are: one year for workmanship and materials; two years for plumbing, electrical, heating and air-conditioning delivery systems; and ten years for major structural components. There is also a ten-year warranty of habitability.
Each period begins on the earlier of: occupancy or transfer of title from the builder to the initial homeowner or if not a new home, the date the improvement is substantially completed.
What are the performance standards?
Performance standards describe how a home’s components must perform during the warranty periods.
How can I get a copy of the performance standards?
The warranties and performance standards are available in both an easy-to-read format and a more technical format.
Who is responsible for the warranties?
A builder or remodeler must warrant its work and repair any item that does not perform to standard. The builder or remodeler may self-manage the responsibility or may buy a warranty through a commission-approved third-party warranty company. The commission simply sets the minimum warranty and building and performance standards with which the industry must comply.
Why didn’t my builder or remodeler provide any warranty paperwork?
You are protected by the minimum statutory warranties whether your builder provided any warranty paperwork or not. It is not uncommon for a builder or remodeler to provide no warranty paperwork. This is because the statutory minimum warranties are a requirement of law. You can always locate information about the minimum statutory warranties and performance and building standards on the commission’s Web site.
If my builder wants to provide the warranty through a third-party warranty company, can I pick the warranty company?
That is between you and the builder. What’s most important to know is that whether your builder uses a third-party company or not, the warranties must meet the minimum statutory requirements. If your builder allows you to choose your warranty company, or if your builder agrees to provide warranty coverage in addition to what’s required by the minimum warranties, make sure your contract includes the specifics.
Can I waive my builder’s obligation to warrant my house?
No, because the law requires the builder or remodeler to warrant new construction at least to the minimum statutory warranties.
Is my builder correct when he says he only has to warrant my house for a year?
No, the builder is incorrect. Under the minimum statutory warranties, a builder or remodeler must warrant workmanship and materials for one year, delivery systems (air conditioning and heating system, electrical system, plumbing, etc) for two years and structural components for ten years. The builder must also provide a ten-year warranty of habitability.
I purchased a model home. My builder said it only comes with a structural warranty because the house is two-and-a-half years old. Is that correct?
No. The warranty begins when the builder transfers title to you, the first homeowner to actually live in the home.
My builder says the subcontractors are responsible for the items they work on. Is that correct?
No. Your builder is responsible to warrant the work done on the new home or remodel project.
The subcontractor said he won’t complete warranty work because the builder hasn’t paid them money owed. The builder says it’s my problem. Is this correct?
No, the builder or remodeler is responsible for warranting the work.
Can the builder charge me extra for providing a third-party warranty?
The law requires the builder to provide the minimum warranties. If the builder provides a third-party warranty, there is nothing in the statute that says the builder can’t ultimately pass that cost along to you.
I’m building my own house. Do I have to warrant it?
If you sell the home without living in it for a year, the law requires you to provide the state’s set of minimum warranties to all subsequent homeowners. That’s right: The state’s required minimum warranties are your responsibility if you don’t live in the home for at least a year. Depending upon your circumstances, you may or may not have to register as a builder.
If you live in the home for more than a year, you don’t have to provide the minimum warranties. However, you must disclose in your contract for sale that the home does not come with the state-required minimum warranties.
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