FHA loans · HUD Handbook 4000.1FHA loan on new construction: the inspections and builder forms the lender needs
HUD Handbook 4000.1 treats a home as new construction when it is proposed (no concrete or permanent material placed yet – digging footings doesn't count), under construction (from the first permanent material until 100% complete with no certificate of occupancy), or existing less than one year (complete, certificate of occupancy issued less than a year ago, and never occupied). A home sold after someone has lived in it is treated as existing, even if it's less than a year old. Site-built homes of one to four units (including one unit with an ADU), condo units in approved projects or legal phases and manufactured homes are eligible. For a site-built home the lender needs, depending on the stage at appraisal, the building permit and certificate of occupancy, or inspections by the local authority or an ICC-certified inspector – footing, framing and final for proposed construction, a final inspection otherwise – or, where no such inspector exists, by a licensed and bonded architect, structural engineer or qualified tradesperson. The case binder also needs form HUD-92541, the Builder's Certification of Plans, Specifications, and Site; form HUD-92544, the Warranty of Completion of Construction; inspection reports on form HUD-92051 or a state form; termite form HUD-NPMA-99-A (and 99-B if the home was treated) unless the county is exempt; a well water analysis where there's a well; and a septic report where the local authority requires one. The appraiser gets a HUD-92541 signed no more than 30 days before the appraisal was ordered, plus plans for a home 90% complete or less, or a list of remaining items for one more than 90% complete. New construction must meet HUD's Minimum Property Requirements and Standards.
Which stage the home is in
Proposed
No concrete or permanent material placed yet.
Under construction
From the first permanent material to 100% complete, no certificate of occupancy.
Existing less than one year
Complete, certificate of occupancy under a year old, never occupied.
Occupied
Already lived in – treated as an existing home even if under a year old.
What the lender needs from the builder
- HUD-92541 Builder's Certification of Plans, Specifications, and Site – signed within 30 days before the appraisal order.
- HUD-92544 Warranty of Completion of Construction.
- Permit and certificate of occupancy, or the required inspections (HUD-92051 or a state form).
- Termite form HUD-NPMA-99-A, and 99-B if the home was treated – unless the county is exempt.
- Well water analysis; septic report where the local authority requires it.
- For the appraiser: plans if 90% complete or less; a list of remaining items if more than 90%.
What the TC can do
- Ask the builder for the FHA forms at contract – the HUD-92541 must be fresh when the appraisal is ordered.
- Track the certificate of occupancy date against the closing date.
- If the buyer will be the second occupant within a year, tell the lender – it's an existing home for FHA.
Questions buyers ask
Can I use an FHA loan to buy a new construction home?
Yes. Site-built homes of one to four units, condo units in approved projects and manufactured homes are eligible, with the builder certification, warranty of completion and required inspections (HUD Handbook 4000.1).
What is form HUD-92541?
The Builder's Certification of Plans, Specifications, and Site. The lender gives the appraiser a signed copy dated no more than 30 days before the appraisal was ordered.
Is a house less than a year old new construction for FHA?
Only if it has never been occupied. A home that someone has lived in is treated as an existing property, even if completed less than a year ago.
Related guides
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Start free trialSource: HUD Handbook 4000.1 (last revised 8/12/2026), II.A.8 Programs and Products – New Construction (section dated November 10, 2026; may be implemented immediately), read October 26, 2026.
General information, not legal or financial advice. The lender decides. ClosingCode is software; it is not a lender. This guide is not a substitute for the advice or services of an attorney.