Enforceability Status
South Carolina requires compliance with the International Building Code and International Residential Code as adopted under S.C. Code Ann. Section 6-9-40. Local building officials enforce CO requirements. A contract clause making the CO irrelevant may conflict with local code enforcement, but the enforceability of such a clause has not been squarely addressed by South Carolina courts.
Legal Analysis
South Carolina adopted the International Building Code and International Residential Code under the authority of S.C. Code Ann. Section 6-9-40, which requires all counties and municipalities to enforce building codes. The adopted codes include the requirement for a certificate of occupancy before a building may be occupied. The South Carolina Building Codes Council, established under S.C. Code Ann. Section 6-9-60, oversees adoption and amendment of the state building code.
Local building departments in South Carolina conduct inspections and issue certificates of occupancy as part of the building permit process. The CO requirement is a regulatory function that confirms the structure meets minimum code standards for safe occupancy. This requirement exists independently of any private contract between a builder and buyer.
A contract clause that makes the CO irrelevant to the buyer's closing obligations has not been directly addressed by South Carolina appellate courts. South Carolina generally respects freedom of contract, but provisions that conflict with statutory or regulatory requirements may be vulnerable to challenge. The state's adoption of building codes reflects a public policy interest in building safety that a private contract may not override.
Buyers in South Carolina should verify with their local building department that a CO has been issued before closing. South Carolina's building code framework ensures that residential structures meet minimum standards for structural integrity, fire safety, electrical systems, and plumbing before occupancy is authorized.
Relevant South Carolina Law
Requires all counties and municipalities in South Carolina to adopt and enforce building codes, including the International Building Code and International Residential Code.
Establishes the South Carolina Building Codes Council to oversee the adoption, amendment, and enforcement of building codes statewide.
Builders in South Carolina Using This Clause
What South Carolina Buyers Should Know
- Confirm CO issuance with the local building department Verify that the certificate of occupancy has been issued by the local building official before your scheduled closing date.
- Understand the regulatory basis for the CO South Carolina's building codes require a CO before occupancy. This is a regulatory requirement enforced by local building departments, not something a contract can waive.
- Request inspection records Ask for documentation of all completed building inspections. The CO is issued only after all required inspections have been passed.
- Seek legal counsel if the contract disclaims the CO If your purchase contract contains a clause making the CO irrelevant, consult a South Carolina real estate attorney to understand the legal implications.