NYS Home Inspector Licensing
Frequently Asked Questions

Q) Why do we need a Home Inspector Licensing Law?
A) The law was enacted based on the importance of our profession to the public and the desire of New York State to assure the public that home inspectors meet minimum standards.  Over half of the states now have some regulation of home inspectors, including all of the states surrounding New York, except Vermont.

Q) What are the basic requirements included in the law? 
A) The law requires that all home inspectors obtain a license.  The basic provisions of the law include requirements for obtaining a license, including classroom education and on site inspection training, confirmation of an appropriate knowledge base via testing, the development of a required standard of practice and code of ethics, continuing education requirements for license renewal, and a duty of care of all license holders to the client.

Q) Where does the law stand at the present time?
A) As of December 31, 2005 all persons performing home inspections in NYS must hold a valid license issued by the Department of State.

Q) Who controls the enforcement?
A) As with most licensing in New York State that does not involve a four year degree under the Department of Education, the Secretary of State and his staff at the Department of State are responsible for the enforcement of the law.

Q) How are inspector's interests represented?
A) There is an advisory Council consisting of 4 inspectors and 2 public members, that must meet to advise the Secretary regarding the appropriate rules and regulations, education requirements, standards of practice and code of ethics.

Q) Does the Council have enforcement powers?
A) No. Enforcement and similar administrative powers are left to the Secretary of State.

Q) Can the Council create a standard report format?
A) No.  The Council cannot require a standard format nor can it place limitations on the information provided by a home inspector to a customer.

Q) How does a person become a home inspector under this law.
A) There are two basic routes to obtaining a license.  An applicant must complete 140 hours of approved training, consisting of 100 hours of classroom training at an approved school and 40 hours of unpaid inspection experience under the direct supervision of a licensed inspector, or have the experience of 100 paid or unpaid inspections under the direct supervision of a licensed inspector.  The applicant must also pass an approved written exam.

Q) Won't this create a burden on people trying to enter the profession?
A) In a licensed profession, the public has the right to expect that the person performing the service is fully trained and has proven their competency before they receive a license and start to work for the public on their own.  We presently work in an unregulated environment where "learn as you go" is the norm.  In a regulated environment, the learning period must be in a classroom setting or under the close guidance of a licensed tutor.  Also remember, that the regulations must be adequate to ensure that people from differing backgrounds and experience will be competent once they are licensed.  Presently, most inspectors probably have a construction related background.  However, the licensing law cannot assume that type of experience in future licensees.

Q) What if I am already trained as a professional engineer or architect? 
A) You will not need to meet the training, education, or testing requirements, but all other requirements of the law will apply and will be enforced by the existing regulatory bodies for your profession.

Q) How do I know what schools are approved to provide inspector training?
A) The Department of State maintains a list of approved schools on their web site.

Q) How much continuing education will be required?
A) The law does not specify an amount.  This will be determined under the advisement of the Council.

 Q) Does the law include an errors and omissions insurance requirement?
A) No.  The law does require that a licensed home inspector maintain appropriate general liability insurance.

Q) Are there other important provisions in the law that I should be aware of?
A) Yes.  Under the Duty of Care provisions, every home inspector must provide a written report to the client, indicating what components and systems were observed, and must maintain the client's wishes for confidentiality.  The inspector may not do repairs on a home he/she has inspected for real estate sales purposes, inspect homes in which the inspector may have a financial interest, pay referral fees to agents or sellers, or inspect homes when payment is contingent upon closing, or pre-established or prescribed findings.

Q) Are there any real penalties for violating the law?
A) Absolutely.  Violations of the provisions of the law can result in revocation of an inspector's license or fines of $1,000 per occurrence.  Practicing without a license can result in fines exceeding $1,000.