Enforceability Status
Kentucky has a mandatory statewide building code, the Kentucky Building Code, adopted under KRS 198B.050 et seq. The code requires a certificate of occupancy before a building may be occupied. A contract clause making the CO irrelevant likely conflicts with this statewide statutory requirement.
Legal Analysis
Kentucky administers a mandatory statewide building code under KRS 198B.050 et seq., which establishes the Kentucky Building Code (KBC) and the Kentucky Residential Code (KRC). These codes are based on the International Building Code and International Residential Code with Kentucky-specific amendments. The Department of Housing, Buildings and Construction oversees the statewide code, and all jurisdictions are required to comply.
Under the Kentucky Building Code, a certificate of occupancy must be issued before a building may be occupied. KRS 198B.060 establishes the authority for building inspections and code enforcement. Local building departments or state-certified building inspectors conduct inspections and issue COs upon verification of code compliance.
A contract clause making the CO irrelevant to the buyer's closing obligations likely conflicts with Kentucky's statewide building code. Kentucky courts have recognized that contractual provisions contrary to statutory requirements may be void. The Kentucky Building Code represents the state's determination of minimum building safety standards, and the CO is the mechanism for verifying compliance.
Buyers in Kentucky should understand that the CO is a statewide requirement established by the Kentucky Building Code. The CO process verifies compliance with structural, electrical, plumbing, mechanical, fire safety, and energy code requirements applicable under the KBC and KRC.
Relevant Kentucky Law
Establishes the Kentucky Building Code and the framework for statewide building code adoption, enforcement, and administration.
Establishes the authority for building inspections and code enforcement, including the certificate of occupancy process.
Builders in Kentucky Using This Clause
What Kentucky Buyers Should Know
- Confirm CO issuance before closing Kentucky's statewide building code requires a CO before occupancy. Verify with the local building department that the CO has been issued before your closing date.
- Understand the statewide mandate Kentucky's CO requirement is established by state law under KRS 198B. It applies to all jurisdictions and cannot be waived by a private contract.
- Request inspection records Ask the builder or local building department for documentation of all completed inspections. The CO is issued only after all required inspections have been passed.
- Seek legal advice on contract clauses If your contract contains a clause making the CO irrelevant, consult a Kentucky real estate attorney to understand your rights under the Kentucky Building Code.