Do I need to retain the builder's plans and specifications in my origination binder?

The following guidance may be used immediately for existing cases and must be used for FHA case numbers assigned on or after January 4, 2021.
 
The Mortgagee must provide the Appraiser with a fully executed form HUD-92541 Builder’s Certification of Plans, Specifications and Site, signed and dated no more than 30 Days prior to the date the appraisal was ordered, and
  • For Properties 90 percent completed or less, the Mortgagee must provide a copy of the floor plan, plot plan, and any other exhibits necessary to allow the Appraiser to determine the size and level of finish of the home they are appraising.
  • For Properties greater that 90 percent but less than 100 percent complete, the Mortgagee must provide the Appraiser with a list of components to be installed or completed after the date of inspection.
Mortgagees need not retain or submit to FHA the plot plan, floor plan, exterior elevations, sections and details, specifications, or form HUD-92005 Description of Materials.

FHA requires the submission and retention of the following documents for any new construction:
  • Form HUD-92541, Builder’s Certification of Plans, Specifications and Site;
  • Form HUD-92544, Warranty of Completion of Construction;
  • required inspections, as applicable;
  • Inspections performed by ICC certified RCI or CI or a third-party architect or structural engineer must be reported on form HUD-92051, Compliance Inspection Report (CIR) or on an appropriate State sanctioned inspection form.
  • Wood Infestation Report, unless the Property is located in an area of no to slight infestation as indicated on HUD’s “Termite Treatment Exception Areas” list:
    • Form HUD-NPMA-99-A, Subterranean Termite Protection Builder’s Guarantee, is required for all New Construction. If the building is constructed with steel, masonry or concrete building components with only minor interior wood trim and roof sheathing, no treatment is needed. The Mortgagee must ensure that the builder notes on the form that the construction is masonry, steel, or concrete.
    • Form HUD-NPMA-99-B, New Construction Subterranean Termite Service Record, is required when the New Construction Property is treated with one of the following: Termite Bait System, Field Applied Wood Treatment, soil chemical termiticide, or Physical Barrier System is installed, as reflected on the HUD-NPMA-99-A. The Mortgagee must reject the use of post construction soil treatment when the termiticide is applied only around the perimeter of the foundation.
  • Local Health Authority well water analysis and/or septic report, where required by the local jurisdictional authority.   When a third-party, who is a registered architect or structural engineer, is relied upon for required inspections due to the absence if ICC certified RCI or CI, include certification from such inspector that they are licensed and bonded under applicable state and local laws.

For additional information see:

All policy information contained in this knowledge base article is based upon the referenced HUD policy document. Any lending or insuring decisions should adhere to the specific information contained in that underlying policy document.


Topic Number: KA-02537