Building a home or purchasing vacant land in Texas can be rewarding—but it carries legal, financial, and construction risks that many buyers underestimate. Before you sign a land contract or break ground, you need to understand Texas building codes, FHA requirements, and your rights as a buyer.


Texas Building Codes and HUD Minimum Property Standards (MPS)

In Texas, residential construction typically follows locally adopted versions of the International Residential Code (IRC). However, when a home is financed using an FHA-insured mortgage, it must also meet the Minimum Property Standards (MPS) enforced by U.S. Department of Housing and Urban Development.

While standard building codes focus on safety and structure, HUD Minimum Property Standards go further, addressing long-term durability. FHA standards apply minimum requirements to components such as:

These requirements exist to protect the long-term value of the home, which serves as collateral for the FHA loan.


FHA Construction in Areas Without Local Building Codes

Some rural areas of Texas do not have adopted residential building codes. In these cases, FHA requires the home to comply with a nationally recognized model code approved by the appropriate HUD Field Office.

No local code does not mean no oversight. FHA construction standards will still apply, and failure to meet them can delay or derail financing.


Buying Land in Texas: Federal Disclosure Rules Still Apply

If a developer is selling 100 or more unimproved lots across state lines, the sale may fall under the Interstate Land Sales Full Disclosure Act. When applicable, the developer must provide a Property Report before you sign a contract.

This applies whether the land is marketed for:

High-pressure sales tactics and promises of appreciation are major red flags.


What a Property Report Must Disclose

A valid Property Report typically includes:

If you did not receive this report before signing, federal law may allow you to cancel the contract for up to two years.


Buyer Contract Rights Under Federal Land Sales Law

When covered by the Act, buyers are entitled to:

These rights cannot be waived, even if the seller pressures you to proceed.


Texas Land Sales Are Not Always Exempt

Some land sales are exempt from federal registration, including:

Exempt does not mean safe. It only means fewer disclosure requirements.


Inspect the Land Before You Build

Never buy land sight unseen. In Texas, issues such as expansive clay soils, floodplain exposure, drainage, and access easements can make a lot unsuitable—or extremely expensive—to build on.

A professional inspection can help identify problems before you commit.


Common Land Sales Red Flags

Be cautious of:

Legitimate land deals withstand scrutiny.


Final Thought for Texas and FHA Buyers

Land purchases and new construction demand more diligence than buying an existing home. Texas codes vary by jurisdiction, FHA standards are strict, and contracts matter more than brochures.

Slow down. Verify everything. And protect yourself before construction begins.

If you are purchasing land or building a home in Texas—especially with FHA financing—consider having the property evaluated by a licensed, independent inspector before construction or closing. Early review can help identify site, access, drainage, or compliance issues while solutions are still practical.

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