New Home Inspector Licensing Law In New York State

Effective December 31, 2005, the State of New York Real Property Law was amended by adding a new Article 12-B, "The Home Inspection Professional Licensing Act." Licensure will be required effective December 31, 2005.  Below are excerpts from this Law, follow a link below for the complete law.

§ 444-d. License requirements for home inspectors.

No person shall conduct or represent that he or she has the ability to conduct a home inspection for compensation unless such person is:
1. licensed as home inspector pursuant to this article; or
2. a person regulated by the state or a political subdivision thereof as an architect who is acting within the scope of his or her profession; or
3. a person regulated by the state or a political subdivision thereof as an engineer who is acting within the scope of his or her profession; or
4. a person who is employed as a code enforcement official by the state or a political subdivision thereof when acting within the scope of that government employment; or
5. a person making home inspections for the purpose of meeting the requirements of section four hundred forty-four-e of this article to qualify for licensure as a home inspector.

§ 444-e. Qualifications for licensure.

1. An applicant for a license as a home inspector shall:
    (a) have successfully completed high school or its equivalent; ...

§ 444-g. Duty of care of home inspectors.

Nothing in this article authorizes a home inspector to practice engineering or architecture.

§ 444-j. Practice of architecture and professional engineering.

A person regulated by the state of New York to engage in the practice of architecture when acting within the scope of that practice, a person licensed in the state of New York to practice professional engineering when acting within the scope of that practice or a person who is employed as a code enforcement official by the state or a political subdivision thereof when acting within the scope of that government employment may perform home inspections without need of licensure pursuant to this article.

In order to make a wise choice when retaining services for a home inspection, consumers should consider the following:

Licensure as a registered architect or professional engineer among other requirements requires a person to have received an education, including a bachelor's or higher degree based on a program in architecture or professional engineering, in accordance with the commissioner's regulations whereas in accordance with the new law, among other requirements for licensure as a home inspector is completion of high school or its equivalent.

Licensure as a home inspector does not authorize such persons to practice engineering or architecture.

Nothing is more important than the structural integrity of a home and only a licensed professional engineer can provide an opinion of the structural integrity of a home based upon professional engineering judgments.

How can astute home buyers who want their home inspection conducted by a licensed professional engineer be assured that their inspection will in fact be conducted by a licensed professional engineer? It’s easy, ask if your home inspection report will be signed and sealed with the licensed professional engineers P.E. seal.

The entire law can be found on this web page.

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