Enforceability Status
Michigan has a mandatory statewide building code, the Michigan Building Code, established under the Stille-DeRossett-Hale Single State Construction Code Act (MCL 125.1501 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
Michigan administers the Michigan Building Code under the Stille-DeRossett-Hale Single State Construction Code Act, codified at MCL 125.1501 et seq. This act establishes a single statewide construction code and preempts local jurisdictions from adopting conflicting requirements. The Michigan Building Code adopts the International Building Code and International Residential Code with Michigan-specific amendments.
Under the Michigan Building Code, a certificate of occupancy must be issued before a building may be occupied. MCL 125.1510 requires local enforcing agencies to administer and enforce the construction code, including conducting inspections and issuing COs. The CO is issued only after all required inspections have been completed and the structure is found to comply with the code.
A contract clause making the CO irrelevant to the buyer's closing obligations likely conflicts with Michigan's statewide building code requirements. Michigan's Single State Construction Code Act was specifically designed to establish uniform building standards across the state and preempt local variation. A clause that circumvents the CO requirement undermines this statutory framework.
Buyers in Michigan should understand that the CO is a statewide requirement that cannot be waived by contract. The CO process in Michigan verifies compliance with structural, electrical, plumbing, mechanical, energy conservation, and fire safety requirements applicable under the Michigan Building Code.
Relevant Michigan Law
Establishes a mandatory single statewide construction code for Michigan, preempting local variation and requiring uniform enforcement of building standards.
Requires local enforcing agencies to administer and enforce the construction code, including inspections and certificate of occupancy issuance.
Builders in Michigan Using This Clause
What Michigan Buyers Should Know
- Confirm CO issuance before closing Michigan'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 Michigan's single state code Michigan has a single statewide construction code that applies uniformly. The CO requirement cannot be waived by a private contract.
- Request inspection documentation Ask the builder or local building department for records of all completed inspections. The CO is issued only after all inspections have been passed.
- Seek legal advice if pressured to close without a CO If a builder pressures you to close before the CO is issued, consult a Michigan real estate attorney. The CO is a legal prerequisite to occupancy under state law.