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federalUnited StatesSection 221(d)(3) Below Market Interest Ratephysical_inspection

NSPIRE reaches a BMIR project because 24 CFR 5.701(a)(7)(v) names the BMIR program

bmir.physical_inspection.nspire_standards_apply_through_subpart_g · v1.0.0

The national standards for the physical inspection of real estate apply to housing with mortgages insured or held by HUD, or receiving assistance from HUD, under section 221(d)(3) and (5) of the National Housing Act - the Below Market Interest Rate program - which 24 CFR 5.701(a)(7)(v) names expressly. The items and components located inside the building, outside the building and within the units must be functionally adequate, operable and free of health and safety hazards, and the inspection covers the inside, the outside and the unit rather than being limited to assisted units. The owner, lender, contract administrator or HUD is the entity responsible for performing the inspection as provided in the regulations, a regulatory agreement or a contract, and where a property has more than one HUD-insured loan only the first mortgage lender must conduct it. Each deficiency must be identified as Life Threatening, Severe, Moderate or Low. Inspection is required before the property is approved for participation and annually thereafter, subject to the extended cycle: 90 points or higher gives a three-year cycle, 80 to 89 a two-year cycle, and below 80 an annual cycle; an inspection must fall no earlier than three months before and no later than three months after the anniversary of the previous one. The owner must annually self-inspect the property including all units, must retain the results for three years and must provide them to HUD on request, and that self-inspection is independent of the HUD inspection. The owner must give HUD or its representative full and free access to the property and to all units and appurtenances, and failure to do so results in a physical condition score of zero. No reinspection fee may be passed along to the household residing in the unit. Note that the BMIR program is excluded from the carbon monoxide detection requirement in 24 CFR 5.703(b)(2), which carves out housing subject to the subpart only through 5.701(a)(6) or (7).

Confidence
high
Effective from
2023-07-01
Consequence model
agency finding with cure
Last reviewed
2026-08-30

Evidence required

  • NSPIRE inspection report(at_least_one)

Citations

All sources verified within 1 day
  • Physical Condition Standards and Inspection Requirements
    5.701(a)(7)(v), Scope
    regulationSource ↗verified 1d ago
  • NSPIRE Physical Condition Standards
    5.703(a), General
    regulationSource ↗verified 1d ago
  • NSPIRE Physical Condition Standards
    5.703(b)(2), the carbon monoxide carve-out that reaches BMIR
    regulationSource ↗verified 1d ago
  • Physical Condition Standards and Inspection Requirements
    5.705(b)(1), Entity conducting inspections
    regulationSource ↗verified 1d ago
  • Physical Condition Standards and Inspection Requirements
    5.705(c)(2)(i)-(iii), Extended inspection cycle
    regulationSource ↗verified 1d ago
  • Physical Condition Standards and Inspection Requirements
    5.707, Uniform self-inspection requirement and report
    regulationSource ↗verified 1d ago
  • Physical Condition Standards and Inspection Requirements
    5.705(e), Access to property for inspection
    regulationSource ↗verified 1d ago
  • Physical Condition Standards and Inspection Requirements
    5.705(d), Inspection costs
    regulationSource ↗verified 1d ago
  • Low Cost and Moderate Income Mortgage Insurance - Savings Clause (Section 221 of the National Housing Act)
    24 CFR 221.305, Condition of the multifamily structure - the part 221 obligation the NSPIRE standards now operate alongside
    regulationSource ↗verified 1d ago