FREQUENTLY ASKED QUESTIONS
The Owner always refers to the entity which holds Title to the property. Most of the time, this will be a business name, and there will be a person that is associated with that company – this would be the Owner Contact.
Who the Owner is NOT:
- A tenant.
- The Architect / Engineer (unless an employee of the Owner).
- The Owner’s Attorney.
- A contractor (unless self-building).
- Any other person not employed by the Owner.
HOWEVER, all of these people can act on behalf of the Owner when a TDLR Owner Agent Designee Form is completed and submitted to TDLR.
The OAD Form identifies another “person” to act on behalf of the Owner – like a Power of Attorney – but for only dealing with the requirements of complying with TDLR.
Typical designees: Architect / Engineer, Contractor, Tenant…
Note, that if the Owner (holds title to the property) or an employee of the Owner will be signing all the paperwork, an OAD form is NOT required.
YES, according to the State Law, the Owner has ultimate responsibility for compliance with TAS. You can assign responsibility to others to make sure the correct process is followed.
It also depends on who is responsible for the build out – the Landlord or Tenant.
- Landlord: make sure the construction documents are put through the TAS procedure.
- Tenant: Recommend you contact your attorney to obtain additional language to include in your lease to deflect as much liability as possible to the Tenant for compliance.
Make sure the construction documents are submitted for review and that the construction is inspected. If the Landlord agrees, have the Owner assign you as the Owner Agent Designee. You will be able to manage the process to ensure compliance. If the Owner will not designate you, find out who will acting on behalf of the Owner.
Texas Architectural Barriers online System. This is the online system that TDLR uses to manage the project Registration, Reviews, and Inspections process.
Yes, per these guidelines:
- the date you register the project with TDLR. (Local jurisdictions are required by State law to verify that projects have been registered with TDLR.); or
- the start of physical construction or alteration, if no building permit is required
If the date above is on or after April 1, 1994, and before March 15, 2012, the 1994 TAS would have governed the construction or alterations.
(Current version) If the date described above is on or after March 15, 2012, then all new construction or alterations must comply with the 2012 TAS.
The 2022 TAS is scheduled for release in 2023. Actual date to be announced.
All Texas projects with a construction value over $50,000 must be registered, reviewed, and inspected for compliance:
Exceptions:
Federal Projects
Private Residences
Multi-family (public places to meet RAS, balance per FHA)
State-leased projects (follow similar procedure, contact ADG)
Definitely YES – all projects have to comply with TAS. However, with a valuation under $50,000 you don’t have to register, review, nor inspect the project. We can review and inspect your project, but nothing needs to be sent to the TDLR.
By simply registering your project with TDLR.
Most jurisdictions only require the TABS Project Number; there may be some jurisdictions that require Review Approval in order for the permit to be issued. Check with the local jurisdiction.
Texas Law requires the Owner to submit documents for review within 30 days of the issuance of the drawings.
If you had a Texas licensed architect / engineer complete your drawings, they have 20 days to submit for review.
If construction has already started, you need to submit your drawings for review ASAP.
We can help by transferring the project from the previous RAS to ADG.
TDLR does require that the transfer be approved by the Owner / Designated Agent. Let us know how we can help.
First and foremost, respond back to TDLR letting them know that you are working on the issue!
Then contact the RAS that reviewed the project to have them complete the process. If your project was Registered but not Reviewed, there will a few more steps.
If your previous RAS is not available, we can start the transfer process in order to complete the requirements.
TAS allows you one year from the end of construction to complete the inspection.
However, we highly recommend that you have the inspection completed during the close out of construction while the GC is still on site. (Once the GC is paid and off site, getting them back can be difficult.)