Part V. Standards of Conduct and Practice
18VAC15-40-140. Conflict of interest.
A. The licensee will not:
1. Design or perform repairs or modifications to a residential building or NRS on which the licensee has performed a home inspection within 12 months after the date the licensee performed the home inspection, except in cases where the home inspector purchased the residence after the home inspection was performed;
2. Perform a home inspection of a residential building or NRS upon which the licensee has designed or performed repairs or modifications within the preceding 12 months without disclosing to the client in the home inspection contract the specifics of the repairs or modifications the licensee designed or performed;
3. Refer the licensee's client to another person to make repairs or modifications to a residential building or NRS on which the licensee has performed a home inspection unless, in accordance with 18VAC15-40-120 D, the licensee provides written documentation to the licensee's client that clearly discloses any financial interest that the licensee has or reasonably expects to have with the person who is recommended for the repairs or modifications;
4. Represent the interests, either personally or through employment, of any of the parties to the transfer or sale of a residential building or NRS on which the licensee has performed a home inspection without disclosing such fact to the client; or
5. Perform a home inspection of a residential building or NRS under a contingent agreement whereby any compensation or future referrals are dependent on the reported findings or on the sale of the property.
B. Notwithstanding the provisions of 18VAC15-40-180, the licensee must not disclose any information concerning the results of the home inspection without the approval of the client for whom the home inspection was performed. However, the licensee may disclose information in situations where there is an imminent endangerment to life or health.
C. The licensee must not accept compensation from more than one interested party for the home inspection on the same property without the consent of all interested parties.
D. The licensee must not accept nor offer commissions or allowances, directly or indirectly, from other parties dealing with the client in connection with the home inspection. Additionally, the licensee must not enter into any financial relationship with any party that may compromise the licensee's commitment to the best interest of the licensee's client.
E. A home inspector may provide services to a client in addition to a home inspection. The home inspector must disclose to the client the additional services to be performed and how such services may conflict with the home inspection. The disclosure must be in writing and may be incorporated into the home inspection contract or contained in a separate written agreement with the client. Any additional services performed pursuant to this subsection must be performed in accordance with applicable laws and regulations.
F. The home inspection must not be used as a pretext by the licensee to solicit or obtain work in another field, except for additional diagnostic inspections or testing.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.
18VAC15-40-145. Competency for assignments.
A. The licensee must undertake to perform professional assignments only when qualified by education or experience, or both.
B. A licensee must not misrepresent to a prospective or existing client or employer the licensee's qualifications or the scope of the licensee's responsibility in connection with a home inspection.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.
18VAC15-40-150. Grounds for disciplinary action.
The board has the power to reprimand, fine, revoke, or suspend a license in accordance with § 54.1-516 of the Code of Virginia when the licensee has been found to have violated or cooperated with others in violating any provision of the regulations of the board or Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.
18VAC15-40-152. Notice of adverse action.
A. A licensee must notify the board of the following actions against the licensee:
1. Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any (i) reprimand; (ii) license or certificate revocation, suspension, or denial; (iii) monetary penalty; (iv) requirement for remedial education; or (v) other corrective action.
2. Any voluntary surrendering of a related license, certificate, or registration done in connection with a disciplinary action in another jurisdiction.
3. Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor, except marijuana convictions, or felony for which there is no appeal pending or the time for appeal has lapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia.
B. The notice must be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 38, Issue 7, eff. December 22, 2021; Volume 42, Issue 1, eff. October 1, 2025.
18VAC15-40-155. Prohibited acts.
The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, including inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or any of the regulations of the board.
2. Obtaining or attempting to obtain a license by false or fraudulent representation; or maintaining, renewing, or reinstating a license by false or fraudulent representation.
3. Failing to maintain the insurance policy required pursuant to 18VAC15-40-30 G.
4. Failing to report a change or maintain records pursuant to 18VAC15-40-160.
5. Having been convicted or found guilty in any jurisdiction or disciplined by any jurisdiction, board, or administrative body in any jurisdiction of any offense or violation enumerated in 18VAC15-40-152. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
6. Failing to inform the board in writing within 30 days that the licensee was convicted or found guilty, in any jurisdiction or disciplined by any jurisdiction, board, or administrative body of any offense or violation enumerated in 18VAC15-40-152.
7. Failing to use a contract that complies with 18VAC15-40-120.
8. Failing to produce a home inspection report that complies with 18VAC15-40-130.
9. Failing to comply with the requirements of 18VAC15-40-140.
10. Committing an action that constitutes negligence, incompetence, or misconduct in the practice of the profession, including:
a. Having performed a home inspection when not qualified by training or experience to competently perform any part of the home inspection.
b. Failing to demonstrate reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.
c. Conducting a home inspection on any new residential structure without the NRS specialty issued by the board.
d. Having cited, stated, or represented that there exists a violation of the Virginia Uniform Statewide Building Code (13VAC5-63) in a home inspection report or other document prepared relative to a home inspection.
e. Advising a client as to whether the client should or should not engage in a real estate transaction or providing an opinion of value regarding the residential building or NRS that is the subject of the home inspection.
f. Failing to adequately supervise and review work by unlicensed individuals who are gaining experience under the direct supervision of the licensee.
11. Committing an action that constitutes engaging in improper, fraudulent, or dishonest conduct, including:
a. Making any misrepresentation or making a false promise that might influence, persuade, or induce.
b. Knowingly misrepresenting factual information in expressing a professional opinion.
c. Intentionally and without justification failing to complete work contracted for or to comply with the terms in the contract.
d. Retaining or misapplying funds paid for which work is either not performed or performed only in part.
12. Allowing a license issued by the board to be used by another.
13. Failing to comply with the requirements of 18VAC15-40-180.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.
18VAC15-40-160. Maintenance of licenses, reports, and documentation.
A. The licensee must at all times keep the board informed of the licensee's current address of record, to include the physical address, as applicable. Changes of address must be reported to the board in writing within 30 calendar days after such change. A post office box is acceptable as the address of record only when a physical address is also provided. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board of any change of address.
B. The licensee must notify the board in writing of a name change within 30 calendar days of any change in the licensee's legal name. Such notification must be accompanied by a copy of a marriage license, divorce decree, court order, or other documentation that verifies the name change.
C. The licensee must retain all records pertaining to home inspections performed to include written reports and supporting documentation for a period of three years from the date of the related home inspection.
D. The licensee must report the cancellation, amendment, expiration, or any other change of the insurance policy submitted in accordance with 18VAC15-40-30 G within 30 days of the change.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.
18VAC15-40-170. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; repealed, Virginia Register Volume 33, Issue 19, eff. July 1, 2017.
18VAC15-40-180. Response to inquiry of the board.
A. A licensee must respond within 10 days to a request by the board or any of the board's agents regarding any complaint filed with the department.
B. Unless otherwise specified by the board, a licensee of the board must produce to the board or any of the board's agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the licensee was involved or for which the licensee is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.
C. A licensee must not provide a false, misleading, or incomplete response to the board or any of the board's agents seeking information in the investigation of a complaint filed with the board.
D. With the exception of the requirements of subsections A and B of this section, a licensee must respond to an inquiry by the board or the board's agent within 21 days.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.
18VAC15-40-190. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; repealed, Virginia Register Volume 33, Issue 19, eff. July 1, 2017.