In Texas, you are required to hire a licensed architect when your project is a government-owned building used for education, assembly, or office purposes that will cost more than $100,000 to build, any facility intended for 24-hour custodial care, or a privately owned building that exceeds both two stories in height and 20,000 square feet. Everything else, including single-family homes, duplexes, smaller multi-family buildings, most commercial structures under those thresholds, farm buildings, and private warehouses, falls within an exemption under Texas Occupations Code § 1051.606. Knowing when an architect is required in Texas comes down to who owns the building, what it will be used for, and whether it crosses specific size limits set by statute.
Projects That Require a Licensed Architect
Three categories of work trigger the architect requirement under Texas law.
The first is new publicly owned buildings. If a state agency, city, county, school district, or any other government entity in Texas is building a structure that will be used for education, assembly, or office occupancy, and construction costs exceed $100,000, the plans must be prepared by a licensed architect.1State of Texas. Texas Occupations Code 1051.703 – Certain Plans or Specifications to Be Prepared Only by Architect Public schools, city halls, county courthouses, and public libraries all fall squarely within this rule. Ownership by a government entity is what matters here, not function: a privately owned church or private school is evaluated under the standard commercial thresholds, not this stricter public-building rule.
The second category is custodial care facilities. Any new building or modification to an existing building that will house people receiving 24-hour custodial care must have architect-prepared plans, with no size exemption whatsoever.1State of Texas. Texas Occupations Code 1051.703 – Certain Plans or Specifications to Be Prepared Only by Architect Nursing homes, assisted living facilities, and residential treatment centers all qualify. Even a small single-story facility with only a handful of residents requires an architect.
The third category covers large private buildings. A privately owned commercial building needs an architect only when it exceeds both two stories in height and 20,000 square feet.2Texas Statutes. Texas Occupations Code 1051.606 – Activities of Certain Persons Not Represented to Be Architects The disjunctive phrasing matters. A single-story retail building of 30,000 square feet does not require an architect because it stays within the height limit. A three-story, 15,000-square-foot office does not require one either, because it stays under the square footage limit. Only when a building crosses both lines does the exemption disappear.
Projects That Are Exempt
Most construction in Texas does not require a licensed architect. The exemptions in § 1051.606 are broader than many property owners expect.
Single-family homes and duplexes are fully exempt, along with any associated structures like garages, sheds, or guest quarters.2Texas Statutes. Texas Occupations Code 1051.606 – Activities of Certain Persons Not Represented to Be Architects You can design the plans yourself, hire a designer who isn’t licensed as an architect, or work with a structural engineer.
Multi-family buildings qualify for an exemption too, but with tighter limits. An apartment building or condominium is exempt only when it has no more than 16 units and stands no taller than two stories. Both conditions have to hold. A 12-unit, three-story building needs an architect because it clears the height limit. A two-story building with 20 units needs one because it exceeds the unit cap.
Farm, ranch, and agricultural buildings are exempt with no size or height cap, as are structures used to store raw agricultural commodities. A 50,000-square-foot equipment barn or a multi-story grain facility still qualifies. The exemption turns on primary use: converting an agricultural building into a commercial event venue removes the exemption, and the new use is then measured against the commercial thresholds.
Private warehouses with limited public access are exempt regardless of size.3Texas Board of Architectural Examiners. When to Engage an Architect or Approved Engineer for Design and Construction Observation If significant public foot traffic is part of the operation, the exemption no longer applies.
Renovations and Alterations
Alterations to existing buildings follow a different test. Anyone can prepare plans for an alteration unless the work involves a substantial structural change or a substantial exitway change.2Texas Statutes. Texas Occupations Code 1051.606 – Activities of Certain Persons Not Represented to Be Architects The Texas Board of Architectural Examiners defines those terms with precision. A structural change is substantial if the engineering plans must be prepared by a licensed engineer. An exitway change is substantial if it affects an egress path serving more than 50 people.4Legal Information Institute. 22 Texas Admin Code 1.213 – Exemption for Alterations to Existing Buildings
Cosmetic work almost never crosses the line. Repainting, flooring, cabinetry, and similar updates that leave load-bearing elements and exit routes alone stay within the exemption. Removing a load-bearing wall, reconfiguring a stairwell, or changing a corridor that serves as the emergency exit for a building with more than 50 occupants does cross it. Restaurant conversions are a frequent example, because they often require ventilation and exit changes that qualify as substantial.
For government-owned buildings, the renovation rule is stricter. Alterations or additions costing more than $50,000 to a publicly owned education, assembly, or office building require an architect when the work involves moving or adding walls, partitions, or exits.1State of Texas. Texas Occupations Code 1051.703 – Certain Plans or Specifications to Be Prepared Only by Architect
When a Licensed Engineer Can Do the Work Instead
A licensed professional engineer can legally handle many projects that exceed the exemption thresholds. The Architects’ Registration Law does not limit an engineer’s right to practice engineering, and an engineer may plan, design, or supervise the mechanical, electrical, or structural features of a building without holding an architecture license.5Office of the Attorney General of Texas. Attorney General of Texas Opinion No. GA-0391 The TBAE’s own guidance refers to the design professional throughout as “Registered Architect/Approved Engineer,” reflecting that either can take the lead on most projects over the thresholds.3Texas Board of Architectural Examiners. When to Engage an Architect or Approved Engineer for Design and Construction Observation
The three categories in § 1051.703 are the exception. Custodial care facilities, qualifying new public buildings, and qualifying public building alterations have plans that may be prepared only by an architect. Even in those cases, § 1051.703(b) allows the owner to contract with either an architect or an engineer as the prime design professional, but the architect still must prepare the architectural plans and specifications.1State of Texas. Texas Occupations Code 1051.703 – Certain Plans or Specifications to Be Prepared Only by Architect
What Happens If You Skip the Architect
The TBAE can impose administrative penalties for violations of the licensing law, with fines reaching $5,000 per violation and each day of a continuing violation counting separately.6Legal Information Institute. 22 Texas Admin Code 1.177 – Administrative Penalty Schedule Criminal action is also authorized under the Occupations Code, and the TBAE’s Investigations Division handles complaints about unauthorized practice.7Texas Board of Architectural Examiners. General Information Regarding Complaints
The more common consequence shows up at the permit counter. Local building departments routinely reject applications when plans lack a required professional seal. That rejection can stall a project for weeks or months while you locate a licensed architect or engineer willing to review, revise, and seal the drawings after the fact.
Local Codes Can Require More
The state exemptions set a floor. Texas cities and counties can adopt building codes with stricter requirements, and a project that qualifies for an exemption under § 1051.606 may still need professionally sealed plans to clear local permitting, particularly in larger jurisdictions like Houston, Dallas, Austin, and San Antonio. Check with your local building department before relying on the state exemption alone. State law tells you when you must hire an architect; your city or county may have its own answer.