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State's Attorney's Office

Licensing & Registration

New Home Builders

Who must be licensed? 

Chapter 31C of the Montgomery County Code requires that any builder who constructs new homes or acts in the capacity of a building contractor be licensed by the Montgomery County Office of Consumer Protection.  For the purpose of these regulations, the term "engaging in the business of erecting or otherwise creating a new home" includes:

  • Constructing any new home for sale,
  • Acting as prime contractor to construct any new home for another person, or
  • Advertising or holding oneself out as constructing or being available to construct a new home or homes. 

The term also includes

  • The sale or transfer of title to a parcel of land to any person and the subsequent participation in the construction of a new home.
  • A person who contracts with a general contractor or with subcontractors for the construction of a new home for the purpose of sale to a purchaser.

Application Process

Montgomery County Code Chapter 31C requires new homebuilders to be licensed, and for builders to provide a new home warranty. Chapter 31C-4 creates a Board of Registration for Building Contractors. The five (5) member board reviews builder applications and certifies to the Office of Consumer Protection whether the applicant (an individual or organization) is qualified to comply with the building codes and laws of the County and State, as those duties and responsibilities relate to the construction of new homes in the county. Properly completed applications will be forwarded to the Licensing Board of Registration for their review and approval. The Board meets once each month to review license applications.  The review process normally takes 45 to 60 days.  You will be notified of the Board's decision within two business days.

The licensing process requires submitting an application, demonstrating experience in the construction trade, providing proof of insurance, banking and material references, and a $805.00 non-refundable application fee. View the "Forms" tab for additional information.

A license is valid for two (2) years from the date issued.  

If the Board denies an application, you can appeal to the Board of Appeals located at 100 Maryland Avenue, 2nd Floor, Rockville, MD. 

Maryland Home Builder Guaranty Fund

* Important * As of January 1, 2009, the State of Maryland established a “Home Builder Guaranty Fund” to protect consumers who purchase new homes in Maryland.  The Maryland Attorney General’s Office will collect the appropriate fees when builders register with the State. However, new home builders who build only in MontgomeryCounty, and are therefore registered only in Montgomery County, are also required to pay $150.00 to the State of Maryland for this guaranty fund. Our office is required to collect this fee and submit it to the State of Maryland.

Accordingly, if you are not registered with the State of Maryland as a new home builder, in addition to your non-refundable check in the amount of $805.00 payable to “Montgomery County” you must also provide a second check, in the amount of $150.00, made payable to: Office of the Attorney General. (If you are registered with the State of Maryland as a new home builder, please provide your State registration number.)

Additional Information

If you have any questions, please do not hesitate to contact the Office of Consumer Protection, Licensing & Registration Unit by calling 240.777.3636, or by email at OCP.Licensing@montgomerycountymd.gov.