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NC's 2024 building code is still not in effect, and no condo inspection mandate exists

NC's 2024 building code is still not in effect, and no condo inspection mandate exists
North Carolina · Regulation

NC's 2024 building code is still not in effect, and no condo inspection mandate exists

North Carolina condominium and townhome construction is still permitted under the 2018 building code, and the state has no structural inspection requirement for condominiums of any kind. Both of those are the status quo rather than news — which is exactly why they keep being reported wrongly.1

Nationally, the post-Surfside years produced milestone inspection regimes, structural integrity reserve studies and mandatory reserve funding in a series of states. North Carolina adopted none of it, and nothing has been filed to change that.

The 2024 code, and why it has not arrived

The Office of State Fire Marshal lists the currently effective codes as the 2018 Administrative, Building, Residential, Energy Conservation, Existing Building, Fire, Fuel Gas, Mechanical and Plumbing Codes, in effect since January 1, 2019, together with the 2020 Electrical Code effective November 1, 2021.

The 2024 code has been deferred three times:

  • Originally due January 1, 2025.
  • Pushed to July 1, 2025 by S.L. 2024-57.
  • Pushed again by S.L. 2025-2 (March 19, 2025) to twelve months after the State Fire Marshal certifies publication and distribution and the Residential Code Council is formed. OSFM announced that delay on April 7, 2025.

That certification has not occurred. The effective date is therefore not a date at all — it is conditional on two events, one of which depends on appointments outside the Fire Marshal's control.

What that means in practice

Every North Carolina association construction, renovation or rebuild project — a roof replacement, a balcony repair, a clubhouse renovation, a post-storm reconstruction — is designed, permitted and inspected under the 2018 code. Contractors, architects and engineers quoting to a 2024 standard are quoting to a code that does not govern the permit.

There is a live corollary for western North Carolina. Associations rebuilding after Hurricane Helene are rebuilding under the 2018 code, not a newer one.

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The Residential Code Council question

A 2023 reorganisation split residential rulemaking out of the Building Code Council and into a separate Residential Code Council of thirteen members appointed by the General Assembly and the Governor, with residential authority from January 1, 2026.

Whether that council is fully constituted and operating is genuinely unclear, and we are not going to assert it either way. Sources conflict; OSFM has said the timeline depends on appointments it does not control. An association or design professional who needs to know should confirm directly with OSFM rather than rely on any secondary account, this one included.

The reason it matters is that the 2024 code's effective date is expressly conditioned on the council's formation. Until that is settled, no one can state when the new code takes effect.

No condominium inspection mandate — and the gap that creates

North Carolina has no balcony, façade or structural inspection requirement for condominiums, no milestone inspection regime, and no statutory reserve study or reserve funding obligation. Nothing of the kind was proposed in any 2025 or 2026 bill, and no agency has opened a rulemaking on it.

There is also a statutory constraint pushing the other way, which is worth knowing: a local government generally may not require routine recurring inspections of Residential-Code-compliant buildings beyond what the State Building Code requires, absent Residential Code Council approval. So the gap is not one a city or county can readily fill locally.

The practical position for a North Carolina condominium board is therefore unusual:

  • No one will tell the association its building needs inspection. There is no trigger, no cycle, and no filing.
  • The board's duty still runs to maintaining the common elements under the declaration and Chapter 47C. The absence of a state inspection mandate does not reduce that duty; it removes the external prompt that would have surfaced a problem.
  • The financial pressure is arriving from the secondary market instead. Fannie Mae's retirement of Limited Review, effective for applications dated on or after August 3, 2026, means every conventional condo loan now requires a Full Review that examines inspection reports, deferred maintenance and reserve funding. The lender is now asking the questions the statute does not.

That is the North Carolina condition in one sentence: the state imposes no structural or reserve requirement, and the mortgage market does.

What this means for a board

Not alarm — a state with no inspection mandate is not a state with unsafe buildings. But three things follow for an association with any structure of meaningful age:

  1. A voluntary condition assessment is the only thing that will produce the information. Nothing else in the North Carolina system generates it.
  2. Permit work to the 2018 code and plan for a change. A project designed now will be permitted under 2018; a project designed in two years may not be. For multi-phase capital work, that is a real scoping question.
  3. Expect lender questions to arrive before regulatory ones. If an association is going to be asked about deferred maintenance, the asker will be a buyer's lender, and the moment will be a pending sale.

What to watch next

OSFM certification of the 2024 code and the Residential Code Council's formation. These are the two conditions, and when they are satisfied a twelve-month clock starts.

The 2027 long session, convening January 13, 2027. North Carolina is now among the states where post-Surfside structural and reserve legislation has not been attempted at all. Whether that changes is the open question, and nothing currently suggests it will — no study committee is examining it, and no advocacy organisation has published it as a priority.

Open rulemakings that are not about this. For completeness: the Code Officials Qualification Board has amendments out for comment through November 16, 2026, with a hearing November 3. They concern code-official qualifications and have no community-association application.

Related North Carolina HOA Topics

← All North Carolina HOA Topics

  1. NC Office of State Fire Marshal — Codes, Current and Past (listing the 2018 codes as currently effective)
  2. NC Office of State Fire Marshal, North Carolina delays implementation of the 2024 State Building Code, April 7, 2025
  3. NC Office of State Fire Marshal — rules and rulemaking notices

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