Wisconsin Department of Regulation & Licensing

Mail To: P.O. Box 8935 1400 E. Washington Avenue

Madison, WI 53708-8935 Madison, WI 53703
FAX #: (608) 267-3816 E-Mail: web@drl.state.wi.us
Phone #: (608) 266-2112 Website: http://drl.wi.gov

DIVISION OF CREDENTIAL PROCESSING

QUESTIONS AND ANSWERS RELATING TO THE REGULATION OF HOME INSPECTORS

1. When did Wisconsin begin regulating home inspectors?

The Wisconsin Act which contains this regulation is 1997 Wisconsin Act 81 (now Subchapter X of
Chapter 440, Stats.) It was enacted on April 13, 1998 and published on April 27, 1998. However, the
actual regulation of home inspectors became effective on November 1, 1998. Since then, any person
conducting home inspections in Wisconsin must be registered by the Department of Regulation &
Licensing.

2. What persons must register with the Department?

There are a few exemptions in the law; however, generally, every individual who acts as a home
inspector, who uses the title “home inspector,” who uses any title or description that implies that he or
she is a home inspector or who represents himself or herself to be a home inspector must be registered.

3. How does this law apply to corporations, partnerships, firms and other business entities?

A business entity is not required to be registered by the Department. A business entity may provide
home inspection services and it may use the title “home inspectors” to describe itself, if all of the home
inspectors employed by it are registered.

4. What individuals are not required to register?

(a) Individuals who conduct a home inspection while lawfully practicing within the scope of a
license, permit or certificate granted to them by a state governmental agency, provided the
individuals do not use any title or description that implies that they are a home inspector and
provided that they do not represent that they are a home inspector. Here are a few examples of
exempt persons:

• Lead or asbestos inspectors certified by the Department of Health and Family Services
(HFS), when they act specifically as lead or asbestos inspectors.
• Architects and professional engineers registered by the Examining Board of Architects,
Landscape Architects, Professional Engineers, Designers, and Land Surveyors.
• Uniform Dwelling Code (UDC) inspectors certified by the Department of Commerce (DOC)
to check for compliance with the state-adopted code, when they act specifically as UDC
inspectors.
• Individuals who are certified by DOC to conduct rental weatherization programs under
Chapter IHLR 67, when they act specifically as weatherization inspectors.

#2381 (Rev. 3/09)

Ch. 440, Stats. Page 1 of 4
Committed to Equal Opportunity in Employment and Licensing
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(b) Individuals who construct, repair or maintain improvements to residential real property, if the
individuals conduct home inspections only as a part of their business of constructing, repairing
or maintaining improvements to real property and if the individuals do not describe themselves
as a registered home inspector or convey the impression that they are a registered home
inspector.

(c) Individuals who conduct home inspections in the normal course of their employment as a
federal, state or local governmental agency.
(d) Individuals or business entities who inspect the energy-related components of a dwelling unit in
order to assess or rate a home’s energy performance, provided that the inspection is performed
solely for this purpose and the individual or business entity is not described as a home inspector
or does not convey the impression of being a home inspector.
5. How much does it cost to obtain a registration certificate?
The initial registration fee is $53. The fee may be adjusted in later years. The registration certificates
expire on December 31 of each even-numbered year. Initial certificates are issued for the remainder of
the 2-year licensing biennium, which runs from January 1 of an odd-numbered year to December 31 of
an even-numbered year. However, initial certificates issued within the last 8 weeks of a licensing
biennium expire at the end of the following full 2-year period.
6. How does the law define a “home inspector,” “home inspection” and “home inspection report”?
“Home inspector” means an individual who, for compensation, conducts a home inspection. A “home
inspection” is a process by which a home inspector examines the observable systems and components of
improvements to residential real property that are readily accessible. A “home inspection report” relates
to residential real property that contains not more than 4 dwelling units.
7. What are the requirements for registration?
(a) Pass the state and national examinations. The state exam is a 66-question exam based solely on
the statutes, contained in Subchapter X of Chapter 440, Stats., and the home inspector rules,
contained in Chapters RL 131 to 134, Wis. Admin. Code. The national exam consists of
approximately 200 questions on the procedures for conducting home inspections. Details
concerning the contents and the administration of the examinations are included in separate
materials prepared by the Department and the Examination Board of Professional Home
Inspectors, and made available to applicants when they request application materials. The fee
for the state exam is $57. The fee for the National Home Inspector Exam administered by the
Board of Professional Home Inspectors is $195.
(b) Not have a criminal conviction record which substantially relates to the practice of a home
inspector. The Department will look at the nature of any convictions, the length of time since
the conviction(s), the number of convictions, evidence of rehabilitation, and other related factors,
in order to determine whether any convictions are substantially related to acting as a home
inspector.
(c) Submit an application on a form provided by the Department.
(d) Pay the license application fee of $53.

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8. Are home inspectors regulated by an examining board?

No, the Legislature granted the Department of Regulation and Licensing the regulatory authority for
home inspectors. The law allows the Secretary of the Department to appoint a 9-member advisory
committee.
9. What is the role of the Home Inspector Advisory Committee?
The Committee is advisory in nature. At the Secretary’s request, the Committee may provide advice on
issues relating to the practice of home inspection, including, for instance, administrative rules, the
standards for the practice of home inspection, the information which a home inspector must provide to a
client concerning the results of the inspection, and continuing education requirements.
10. May the rules require home inspectors to use a specified report form?
No. However, the rules do specify what must be in a report prepared by a home inspector.
11. What does the law say about standards of practice and liability of home inspectors?
The following are summaries of provisions which are more lengthily stated in the statute:
(a) That a home inspector need not remove access panels which are not normally removed by an
occupant of residential real property or need not disassemble any component of a property
improvement.
(b) That a home inspector must provide a written report about the components of the property that
were inspected and the results of the inspection.
(c) What a home inspector does not have to report, such as the life expectancy of an improvement or
a component of an improvement.
(d) What a home inspector may not report, such as the market value or marketability of a property or
whether a property should or should not be purchased.
(e) What a home inspector is not required to do, such as offer a warranty or guarantee of any kind,
predict future conditions or inspect for the presence of any hazardous substances.
(f) What a home inspector may not do, such as delivering a report to any person other than the client
without the client’s consent or being paid to make repairs on a property inspected by the home
inspector.
(g) That a home inspector may not include a term or condition in an agreement to conduct a home
inspection that disclaims the liability, or limits the amount of damages for liability, of the home
inspector for his or her failure to comply with the standards of practice.
(h) That an action to recover damages for any act or omission of a home inspector must be
commenced within 2 years after the date of the home inspection.
The administrative rules contain many more specific requirements.
12. What are the continuing education requirements?
Twenty hours each year. Persons who are not registered during the first year of the 2-year licensing
period are only required to complete 20 hours of continuing education in order to renew the registration
at the end of the first even-numbered year. More details are contained in the administrative rules.

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13. Can registration certificates be suspended or revoked?

Yes, for unethical practice, incompetent practice, for certain convictions of crime, and for violating
statutes and rules relating to the practice of home inspection. There are also some other disciplinary
alternatives.
14. Can the public send complaints against registered home inspectors to the Department?
Yes, and the Department is able to investigate such complaints and take disciplinary action, if
warranted. The registered home inspector will have a right to a hearing before being disciplined.

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