Quick answer: Inside city limits, the city permits and inspects a new home. Outside city limits, including a city’s extraterritorial jurisdiction (ETJ), Texas law says a city can’t require its building permits there, and Bexar and Comal counties don’t list a single-family building permit. State law requires three third-party code inspections only in counties that opt in. For many homes in the San Antonio suburbs, that means the builder’s own inspectors and the one you hire are the main checks.
- ETJ rule: Local Government Code §212.049 doesn’t let a city require building permits or enforce its building code in its ETJ.
- Opt-in county standard: §233.153–.154 require the International Residential Code and 3 inspections (foundation, framing and mechanical, final).
- Bexar County: the Fire Marshal handles building permits for structures that aren’t single-family dwellings (3 or fewer units).
Brock Bremmer | U.S. Air Force Reserve Veteran | Real Estate Agent | eXp Realty | San Antonio Metro Area
New Construction Specialist
Also see: Inspections on New Construction | Checking a Builder’s Track Record | New-Build Warranties
Who Inspects a New Build Inside City Limits?
When a home is inside a city, such as San Antonio, Schertz, New Braunfels, or Boerne, the city issues the building permit and sends its inspectors through construction. A certificate of occupancy or final approval follows. City inspections check code minimums. They aren’t a substitute for your own inspector, but they’re a public check you can look up.
Many suburban new-build communities aren’t inside a city, though. Two recent examples from our guides: the Census Bureau geocoder places Gatehouse in Comal County and Legacy at Lake Dunlap in Guadalupe County, both with New Braunfels addresses and no incorporated city at the mapped point. A city mailing address doesn’t tell you who inspects.
What Changes in a City’s ETJ or Unincorporated Area?
A city can regulate subdivision plats in its extraterritorial jurisdiction. But Local Government Code §212.049 says that subchapter “does not authorize the municipality to require municipal building permits or otherwise enforce the municipality’s building code in its extraterritorial jurisdiction.”
County authority is narrower than a city’s. Chapter 233 lets counties adopt a fire code, but §233.062 applies it only to commercial buildings, public buildings, and multifamily buildings with four or more units. Single-family homes aren’t covered.
What Does Texas Law Require for New Homes in Unincorporated Areas?
Subchapter F of Chapter 233 (§§233.151–.157) sets a residential standard. But it applies only in a county whose commissioners court has adopted an order opting in. Where it applies:
- Code: New single-family homes must conform to the 2008 International Residential Code or the version used in the county seat.
- Three inspections: at the foundation stage before concrete is placed, at framing and mechanical before drywall, and at completion.
- Who inspects: The builder hires the inspector. It can be a licensed engineer, a registered architect, a TREC-licensed professional inspector, a municipal plumbing inspector, a political subdivision’s building inspector, or an ICC-certified residential combination inspector.
- Notice: If the county requires it, the builder files a notice before construction and a final-inspection notice within 10 days, sent to the county and to the buyer if different from the builder.
- Limits: The law doesn’t require county approval before building starts, and §233.153(f) bars the county from charging a fee to enforce it.
I couldn’t find an opt-in order on the Bexar or Comal county permit pages. Ask the county, and ask the builder directly whether its homes get these inspections.
What Do Bexar and Comal Counties Actually Permit?
- Bexar County: Public Works says the Fire Marshal’s Office decides when building permits are needed for structures that are not a single-family dwelling, defined as a single structure with 3 or fewer units. The county’s permit verification also covers drainage, platting, and exterior lighting within five miles of a military installation.
- Comal County: The county’s permits page for unincorporated areas lists on-site sewage facility (septic), floodplain development, right-of-way/driveway, and utility permits. It doesn’t list a residential building permit.
For Guadalupe, Kendall, and other counties, call the county engineer or permitting office. HOA architectural review and utility providers can add their own requirements, but those aren’t code inspections.
How Do You Protect Yourself When No City Inspects the Home?
- Ask the builder in writing who inspects each stage and request copies of third-party foundation, framing, and final inspection reports.
- Hire your own TREC-licensed inspector for a pre-drywall and a final inspection, and check the builder contract for access rules first. My video The Pre-Drywall Inspection Every San Antonio New Construction Buyer Needs covers what to look for.
- Ask for the foundation engineering documents and any septic (OSSF) permit if the lot isn’t on sewer.
- Check the flood map and any floodplain permit. See how to check a flood zone.
- Read the warranty and calendar its deadlines. See what a new-build warranty covers.
VA buyers have an added layer. On proposed construction where no local authority inspects, VA calls for the builder’s 1-year VA warranty plus a 10-year insurance-backed protection plan. See how VA MPRs apply to a new build.
Frequently Asked Questions
Does a new home outside city limits need a building permit in Bexar County?
Bexar County Public Works says the Fire Marshal’s Office decides when building permits are required for structures that are not single-family dwellings (3 or fewer units). Other permits, such as drainage, platting, septic, or floodplain, may still apply. Confirm with the county for your lot.
Can I hire my own inspector while my new home is being built?
Usually, yes. A TREC-licensed inspector can do pre-drywall and final inspections. Builder contracts often set rules for site access, scheduling, and insurance, so read the contract and ask the builder to confirm in writing before you schedule.
Ready to Buy a New Build With Clear Answers?
Brock Bremmer with eXp Realty is a U.S. Air Force Reserve veteran with 130+ homes sold across the San Antonio metro and an eXp ICON agent (2023–24). He helps buyers confirm city or county status, inspections, and builder documents before they sign on San Antonio-area new construction.
- 📞 Call or text: 210-501-5088
- 📧 Email: [email protected]
- 📅 Schedule a free consultation
Also see: What to look for in a builder contract | Comal or Guadalupe County? | Corley Farms, Boerne | Do you need a new survey?
Sources: Tex. Local Gov’t Code §212.049; Tex. Local Gov’t Code Chapter 233 (Subchapters C and F); Bexar County Public Works, Building Permits; Bexar County Fire Marshal, Code Enforcement and Inspections; Comal County, Permits; U.S. Census Bureau Geocoder (accessed November 12, 2026).