Residential Building Requirements

In 2009, the Texas Legislature abolished the Texas Residential Construction Commission, eliminating State enforcement of statewide building codes - including building codes outside cities’ jurisdictions. In its place, the Legislature approved a law that allows counties limited, permissive authority to enforce building codes in the unincorporated area.  McLennan County adopted these provisions on October 13,2009, and revised its Order on September 15, 2020. (PDF) Opens a New Window.

Therefore, after October 13, 2009, in unincorporated areas of McLennan County, all new residential structures and improvements to existing residential structures that increase the square footage or value by more than 50 percent shall be constructed to the International Residential Code (IRC) that is applicable in the county seat of that county.


McLennan County does not have inspection authority or responsibility and can not charge fees; instead the builder is required to:
  • Notify the county of the location, approximate date of completion and version of IRC utilized for the new residential construction, see the Notice of Residential Construction In Unincorporated Area Form Attachment A(PDF) Opens a New Window.
  • Obtain 3 inspections during different phases of the construction
  • Submit a notice of the inspections to the county and to the person for whom the new residence is being built, demonstrating compliance or  with the applicable building code, which is done by the inspectors, see the Notice of Residential Construction Inspection Compliance Attachment B(PDF) Opens a New Window.

Enforcement of Standards
Failure to obtain and submit the inspection reports indicating compliance with the applicable building code standards is a Class C misdemeanor and McLennan County may also file take any or all of the following actions:

  • Refer the inspector to the appropriate regulatory authority for discipline.
  • In a suit brought by the appropriate attorney representing the county in the district court, obtain appropriate injunctive relief to prevent a violation or threatened violation of a standard of notice required under Chapter 233 of the Texas Local Government Code (LGC) from continuing or occurring.
  • Refer the builder for prosecution under Section 233.157 of the LGC.
This law does not give prior approval authority to the County for new residential construction, or authorize the adoption or enforcement of zoning regulations, and does not apply to manufactured, or modular housing constructed off-site and transported to a site. Penalties do not apply to new residential construction by an individual acting as the individual's own contractor who intends to use the residence as the individual's primary residence.

Once complete, please send them to:
County Engineer’s Office
215 N 5th St, Ste 130
Waco, TX 767001