Does Georgia law require builders risk insurance?

Quick answer: No. No Georgia statute requires builders risk insurance. Most construction lenders require it as a loan condition, because the building under construction is their collateral. Cash-funded projects are not required to carry it, though the same fire, wind, theft, and flood exposure remains.

No Georgia statute requires builders risk insurance. Builders risk is a short-term property policy that covers a structure while it is under construction, from the foundation through final finishes, plus materials staged on site. Georgia's insurance code, O.C.G.A. Title 33, does not list builders risk among the coverages a property owner or contractor must carry to build.

The requirement usually comes from the lender, not the state. A construction loan is secured by the building itself. Until the project is finished and the lender's mortgage attaches to a completed, insurable structure, the lender's collateral is a pile of materials and a partly built frame that can burn, blow down, or get stripped of copper wiring overnight. Most construction loan agreements make builders risk coverage a condition of closing and keep it in place until the loan converts to permanent financing or the project reaches substantial completion, the point where the building is fit for its intended use even if minor punch-list items remain.

A cash-funded project has no lender in the loop, so nothing forces the owner to buy the policy. The physical exposure does not change because the financing does. A homeowner building a custom home with cash faces the same fire, wind, theft, and flood exposure during framing as a next-door project financed through a bank. If a storm rips off a partially sheathed roof the week before drywall starts, the repair cost falls entirely on the owner unless a builders risk policy or some other coverage responds. Standard homeowners insurance will not step in early; most homeowners policies exclude an in-progress structure that is not yet occupied.

The exposure runs for the length of the build, typically the same 6 to 12 month term used for a Georgia single-family builders risk policy. The construction contract also typically names which party, owner or contractor, carries the policy; an unstated gap on a cash deal is where losses go uncovered. General background on how the coverage works is on the builders risk insurance page and the Georgia builders risk insurance page. A coverage review can confirm what a specific project needs before ground is broken.