2026-09-10 · Colorado · Legislation

Since January 1, 2026, a Colorado builder of attached housing can record a document in the county real property records that changes the construction-defect rules for every unit in the project. The Multifamily Construction Incentive Program, created by HB25-1272 at C.R.S. 13-20-803.3, trades a warranty and a third-party inspection for a package of procedural protections. For a board or a buyer, one recorded notice now determines which rule set applies.¹

How a builder opts in

A builder of “multifamily, attached housing of two or more units” participates by doing three things.

Providing a warranty covering “any defect and damage at no cost to the homeowner” for minimum periods of one year on workmanship and materials, two years on plumbing, electrical and materials, and six years on major structural components.

Having a third-party inspection performed — and the definition is demanding. Inspections over the course of construction; written certification to the building department before the certificate of occupancy issues; an inspector who is a licensed construction professional or a code inspector who has passed the ICC commercial building inspector exam, with expertise in the component inspected, who is “an independent third party not employed by or affiliated with” the construction professional, and who signs per-component certifications tying each component to sealed construction documents. A governmental permitting inspection does not count.

Recording a notice of election to participate in the county real property records before the unit is offered for sale. After recording, the builder may withdraw only before issuance of the last certificate of occupancy for the project.

Why the recorded notice is the thing to look for

Because participation is elective and recorded, two identical-looking Colorado condominium buildings completed in the same year can sit under different claim rules. The only way to know is to search the records.

1. HB25-1272 signed act text, new C.R.S. 13-20-803.3 (source of the quoted programme requirements and timetable) ↩
2. HB25-1272, "Construction Defects & Middle Market Housing" — bill page, Colorado General Assembly ↩
3. "The future of Colorado condo development," Colorado Politics, April 9, 2026 (practitioner scepticism and condo-supply figures) ↩