Which Tennessee Counties Have No Building Codes?

Tennessee lets counties and cities vote themselves out of the state’s residential building codes, and several dozen rural counties have done exactly that for one- and two-family homes. There is no single fixed roster of Tennessee counties with no building codes, because each opt-out resolution expires after the next local election and has to be re-passed. The current list lives on the Tennessee Department of Commerce and Insurance website, and the state calls these places “opt-out” or “non-code” jurisdictions.¹

Even in those counties, “no building codes” oversells what the exemption actually does. Electrical permits, septic approvals, floodplain rules, local zoning, and all commercial construction standards still apply.

Where to Find the Current Opt-Out List

The Department of Commerce and Insurance publishes the running list of opt-out counties and municipalities. That page is the only reliable source, because the opt-outs shift from one election cycle to the next.¹

The pattern is geographic. Opt-out counties cluster in rural east and west Tennessee. The urban and suburban counties around Nashville, Memphis, Knoxville, and Chattanooga generally enforce the state codes or run their own code enforcement programs. If you are hunting for land specifically because you want fewer construction restrictions, the less populated counties are where you will find them.

Why the List Changes

The state fire marshal sets minimum residential construction safety standards for Tennessee, drawn from nationally recognized codes like those of the International Code Council and the National Fire Protection Association. The same statute lets any county or municipal legislative body exempt itself from those standards for one- and two-family dwellings by a two-thirds vote. The presiding officer notifies the state fire marshal, and the opt-out takes effect.²

Here is the catch that keeps the list moving: the resolution expires 180 days after the next election for that legislative body. If the newly seated body wants to keep the exemption, it has to pass a fresh resolution. A county that was opt-out when you first looked at a parcel might not be opt-out by the time you break ground.²

One geographic boundary matters. A county’s opt-out resolution covers only the unincorporated areas outside any municipality. Cities within the county keep whatever codes they have adopted on their own, and a municipality can also pass its own opt-out resolution covering the area inside city limits.

What the Opt-Out Does Not Cover

The residential opt-out removes the state’s minimum construction standards and inspection program for houses and duplexes. Several other requirements run on separate tracks and do not disappear with the vote.

Electrical Permits

Tennessee enforces the National Electrical Code statewide through roughly 100 contracted Deputy Electrical Inspectors covering residential, commercial, and industrial structures.³ Some larger cities and counties are exempt from the state program because they run their own, but that just shifts the work to local inspectors rather than skipping inspection.⁴ You need an electrical permit for a new house in an opt-out county. Owners who try to skip this step often find out when the power company refuses to connect service without proof of inspection.

Septic System Permits

If the property is not on a municipal sewer, a septic system construction permit from the Tennessee Department of Environment and Conservation is required before installation. This is statewide and has no county opt-out. Nine contract counties, including Blount, Davidson, Hamilton, Knox, and Shelby, handle their own septic permitting and may charge their own fees.⁵

Floodplain Rules

If the parcel sits in a FEMA-designated flood zone and the community participates in the National Flood Insurance Program, local floodplain regulations apply to all new construction. NFIP participation requires communities to adopt and enforce elevation, foundation, and flood-resistant material standards regardless of whether general building codes are in force.⁶ Building in a flood zone outside those rules can make the property ineligible for flood insurance.

Commercial Construction

The opt-out has no effect on commercial construction. The state fire marshal enforces building codes on commercial, industrial, and multi-family structures of three or more units everywhere in Tennessee.⁷

Local Zoning and Municipal Codes

A county opting out of state residential codes does not create a regulatory vacuum. Municipalities within the county can adopt and enforce their own building ordinances, and violations can be charged as a misdemeanor.⁸ Zoning ordinances, setback requirements, and land-use restrictions run separately from building codes and stay enforceable at the county and municipal level.

Building Your Own Home in an Opt-Out County

Tennessee lets homeowners work on their own residential property without a contractor’s license, as long as the home is not open to the public or intended for sale, lease, or rent. Homeowners are limited to one homeowner permit every two years. If you hire helpers, anyone performing $25,000 or more of the work must hold a valid contractor’s license, because they are contracting directly with you.⁹

Combining an opt-out county with the owner-builder exemption gives you broad freedom over structural work. No plan review. No framing inspections. No state certificate of occupancy. The electrical permit, septic permit, and local zoning rules still apply.

Insurance, Financing, and Resale

Homes built without code compliance run into problems with insurance and lenders. Insurance Services Office, now Verisk, rates communities under its Building Code Effectiveness Grading Schedule, and areas with well-enforced codes get better loss-cost credits, which translates into lower premiums.¹⁰ In an opt-out county, premiums may be higher, and some carriers may decline to write a policy at all without evidence that the home meets basic safety standards.

Financing is often the harder problem. FHA and VA loans require properties to meet minimum property standards that generally track building code compliance. A home built without inspections or permits may not appraise favorably or qualify for government-backed financing, and conventional lenders raise similar concerns. If you are building with cash and plan to stay, this may not matter. If you ever want to sell or refinance, the next buyer’s lender will.

Tennessee’s Residential Property Disclosure Act requires sellers of residential property to complete a standardized disclosure form. Two questions ask directly whether any additions, structural modifications, or repairs were made without necessary permits, and whether any were out of compliance with building codes. Sellers answer yes, no, or unknown. A home built permit-free in an opt-out county is legal, but a buyer and the buyer’s lender may still discount for the lack of inspection history. Voluntarily following recognized codes and keeping documentation protects resale value.

How to Verify the Status of a Specific Property

Work from the outside in, and verify close to the date you plan to pull permits:

Check the state’s current opt-out list on the Tennessee Department of Commerce and Insurance website to see whether the county or municipality has exempted itself from residential standards.¹
Call the county building or planning department to confirm what local zoning, floodplain, or permit rules apply even without state codes.
If the property sits inside an incorporated city or town, call that municipality too, because it may enforce its own codes regardless of the county’s status.
Confirm electrical permit requirements with the state program or the local exempt jurisdiction that handles electrical inspections in that area.³
If a septic system is needed, contact TDEC or the county that handles permitting in your area.⁵

Because opt-out resolutions sunset after each local election cycle, a status you confirmed months ago may already be stale. Verify again before you break ground.

1
Tennessee Department of Commerce & Insurance. Statewide Building Construction Code Inspections in Opt-Out or Non-Code Jurisdictions
2
Justia. Tennessee Code 68-120-101 – Statewide Building Construction Safety Standards
3
TN.GOV. License Details – Regulations – Electrical Permits
4
Tennessee Department of Commerce & Insurance. Tennessee Electrical Permits Exempt Jurisdictions
5
Tennessee Department of Environment and Conservation. Septic System Construction Permit
6
FEMA. NFIP Floodplain Management Requirements – Study Guide for Local Officials
7
Tennessee Department of Commerce & Insurance. Codes Enforcement
8
Justia. Tennessee Code 13-7-208 – Enforcement of Ordinances, Remedies, and Applicability of Provisions
9
Tennessee Department of Commerce & Insurance. Exemptions From The License Requirement
10
Verisk’s Community Hazard Mitigation Services. What? Why? When? And What Do I Do?