House Bill 2439 went into effect in September bringing change to local building aesthetics laws.
The new law restricts governments from locally regulating building materials used in construction. National standards, with a few exceptions for things such as historical projects or storm protection, will apply to construction in Texas. HB 2439 does not pre-empt the authority of a homeowners’ association or planned developments to regulate aesthetics. If a developer or an HOA want to use deed restrictions to keep neighborhoods looking neat and consistent, they may still do so. However, it is unlikely that a city has any authority to directly enforce any deed restrictions.
The law received support from most state lawmakers and building industry associations, who said a more open market for building materials could result in lower construction costs for buyers and builders. Many foresee potential conflicts as the new law creates a challenge of balancing the look of modern homes and trends with the established visuals of older portions of a community.
While this law will certainly be challenged by cities throughout the state, homeowners who are looking to build using materials outside of city preferences now will have a leg to stand on.