Enforceability Status
Maryland requires a certificate of occupancy under the Maryland Building Performance Standards (Md. Code Ann., Pub. Safety Section 12-501 et seq.). Local jurisdictions enforce the statewide code and must issue a CO before a building may be occupied. A contract clause making the CO irrelevant likely conflicts with this statutory requirement.
Legal Analysis
Maryland has a statewide building code framework established under the Maryland Building Performance Standards, codified at Md. Code Ann., Pub. Safety Section 12-501 et seq. The state code adopts the International Building Code and International Residential Code with Maryland-specific amendments. Under this framework, local building departments are required to enforce the code and issue certificates of occupancy before buildings may be occupied.
The Maryland Department of Labor oversees the Maryland Codes Administration, which adopts and maintains the state building code. Local jurisdictions enforce the code through their building permit and inspection processes. The CO is the final step in this process, confirming that all required inspections have been completed and the structure meets applicable code requirements.
A contract clause that makes the CO irrelevant to the buyer's closing obligations likely conflicts with Maryland's statewide building code requirements. Maryland courts have recognized that contractual provisions contrary to statutory requirements or public policy may be unenforceable. The statewide building code reflects Maryland's public policy interest in ensuring minimum building safety standards.
Buyers in Maryland should understand that the CO requirement is established by state law and applies uniformly across all jurisdictions. Whether purchasing in the Baltimore metropolitan area, suburban Washington, D.C., or elsewhere in the state, the CO is a mandatory regulatory requirement that confirms code compliance.
Relevant Maryland Law
Establishes the statewide building code framework in Maryland, including requirements for code enforcement, inspections, and certificates of occupancy.
Contains detailed regulations implementing the Maryland Building Performance Standards, including adoption of the International Building Code and International Residential Code.
Builders in Maryland Using This Clause
What Maryland Buyers Should Know
- Confirm CO issuance before closing Maryland law requires a CO before occupancy. Verify with the local building department that the CO has been issued before your closing date.
- Understand the statewide requirement Maryland's building code is mandatory statewide. The CO requirement cannot be waived or made irrelevant by a private contract between buyer and builder.
- Check for open permits and inspections Before closing, verify with the local building department that all building permits have been finalized and all required inspections have been completed and approved.
- Consult a Maryland real estate attorney If your purchase contract contains a clause disclaiming the relevance of the CO, seek legal advice to understand your rights under Maryland law.