Permits and codes
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Out in the county, Texas law gives counties limited building-code power. That doesn’t mean nothing applies. Here’s what the statute says, and what to ask.
County building permits
Local Government Code chapter 233 lets a county adopt a fire code and require building permits in unincorporated areas, but that permit subchapter covers specific buildings. The fire code applies only to commercial establishments, public buildings and multifamily dwellings of four or more units (§233.062), and the building permit requirement applies to those same buildings (§233.063).
A business building can fall into the “commercial establishment” category. If your shop is for a business that serves the public, ask the county fire marshal or permit office before you build.
Residential building codes
A separate subchapter covers new houses. It applies only in a county that has adopted a resolution or order requiring it (§233.152). In those counties, a new single-family house in the unincorporated area must conform to the International Residential Code (§233.153), and a new house on a vacant lot needs a minimum of three inspections (§233.154).
We have not confirmed which of the eight counties we cover have adopted that order. Ask your county commissioners court or county judge’s office. Inside a city, or in an area where a city has adopted a code for its extraterritorial jurisdiction, the city’s rules apply instead.
Permits that often still apply
- Septic (OSSF): TCEQ requires a permit and approved plan to build one
- A water well: drillers report to the state; ask the driller what applies
- Driveway or culvert work at a county road: ask the road and bridge office
- Floodplain development: ask whether your site is in a mapped flood zone
- Deed restrictions and HOA rules, which are private and enforceable
Even without a permit
- Lenders and insurers can require stamped drawings or inspections
- Building to a recognized code helps resale
- Ask the builder what code and wind load they build to
- Keep the drawings and receipts for the life of the building
Call the county before you buy materials. Ask three things: whether your address is in a county that has adopted the residential code order, who issues septic permits, and whether your site is in a mapped floodplain. Write down who you talked to and the date.
If you plan to finance, ask the lender the same questions. A lender can require inspections or a certificate from an engineer even where the county doesn’t, and it’s cheaper to plan for that up front than to open walls later.
For a business shop, also ask the county about the fire code. A shop where customers come and go may count as a commercial establishment under §233.062, which brings its own permit. Rules can change, so confirm what applies at your address before you start.
We’re not lawyers; this is a plain-language summary of the statute. Read the statute or ask the county for the rule at your address.
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