Michigan will continue using construction codes setting minimum standards for safety and energy efficiency in new homes that date back a decade while building industry groups mount legal challenges against an updated set of rules originally set to take effect this summer.
In court, officials have agreed to delay implementation of more modern codes while lawsuits filed in June by organizations representing home builders and the modular and mobile home industries play out.
Reason for the Pause:
- Building industry groups, specifically the Home Builders Association of Michigan and the Michigan Manufactured Housing Association, filed lawsuits challenging the validity of the adopted 2021 International Residential Code and International Energy Conservation Code.
- The groups argue that the updated codes would impose increased costs on builders and homebuyers, potentially exacerbating Michigan's housing affordability crisis.
- They also claim that the state failed to demonstrate that the new energy efficiency requirements wouldn't unreasonably increase costs.
Current Situation:
- The Department of Licensing and Regulatory Affairs (LARA) has agreed to delay the effective date of the new codes, which was originally set for August 29, 2025.
- The delay will continue until the lawsuits are fully resolved and are no longer subject to further appeal.
- While the legal challenges are addressed, Michigan will continue to use the older residential construction codes, which are based on 2015 standards.
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