USDA and Construction Loans

USDA considers a property new construction if the dwelling has been built within 12 months and has never been occupied.

There are 2 major requirements that must be met for new construction:

The first major requirement is that the lender is required to obtain evidence that a new construction property was built in compliance with certified plans and specifications (e.g., International Residential Code, CABO, BOCA, etc.).

This can be done in the following ways:

1) By providing a copy of an eligible building permit that has been issued by an approved jurisdiction. The State Director is responsible for making the determination of an “eligible jurisdiction” per RD Instruction 1924-A.

OR

 

2) By providing a Certificate of Occupancy or completion certificate issued by an approved local jurisdiction as determined by the State Director and published as a state supplement; or

Certification from a qualified individual or organization (e.g., licensed architect, engineer, national code certified plan reviewer, local building official, etc.) that has reviewed the plans and specifications, and determined they meet all applicable building codes and development standards. If the reviewer does not have their own certification form, Form RD 1924-25 “Plan Certification,” may be used. (this can be obtained online at http://www.rurdev.usda.gov/RD_Forms_Series1902-1944.html)

 

The second major requirement is that the lender must also retain evidence that construction inspections were performed throughout the project in accordance with section 1980.341(b)(2).
This can be done in the following ways:

 

  1. Certificate of Occupancy issued by an eligible local jurisdiction as determined by the State Director and published, after a minimum of 3 construction inspections were performed AND a 1-year builder warranty plan issued acceptable to RD;

OR

 

2. Copies of 3 construction inspections performed when:
(1) footings and foundation are ready to be poured (2) shell is complete, but plumbing, electrical and mechanical work is still exposed and (3) final inspection of completed work prior to occupancy AND a 1-year builder warranty plan issued acceptable to RD (builders may utilize their own form, HUD-92544, or Form RD 1924-19); (these forms can be obtained online at http://www.rurdev.usda.gov/RD_Forms_Series1902-1944.html)

OR

3. Final inspection and a 10-year insured builder warranty plan acceptable to Rural Development.

(Applicants that wish to build their own homes cannot self-warranty their own work.)

 

FYI -New construction documents are not normally needed prior to Rural Development (unless there is a special circumstance) .  Most of the time the builders will not execute  the warranty until closing, so you will just need have the actual warranty for the  underwriter review and request that it be executed at closing.

 

An appraisal inspection IS required prior to Rural Development.  You can choose to wait until the property is complete OR you can have the initial inspection done prior to the completion of the property and then pay to have a completion report done at the end. This will cost a few extra dollars (typically between $125-$200), but could save you time!

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