Arizona Building Law
The Arizona Revised Statutes that govern custom home building, contractors, liens, water, and land use, explained section by section.
A.R.S. 12-1361: The Words That Run Arizona's Construction-Defect Law
A.R.S. 12-1361 defines the terms that drive Arizona's Purchaser Dwelling Act, the construction-defect law. It sets what counts as a 'construction defect,' a 'dwelling,' a 'dwelling action,' a 'seller,' and a 'purchaser,' so you know whether your new-home problem falls under the right-to-repair process.
Read the referenceA.R.S. 12-1362: You Must Give an Arizona Builder a Chance to Repair Before You Sue
A.R.S. 12-1362 makes the notice-and-repair process a jurisdictional prerequisite: an Arizona homeowner must let the builder repair claimed defects before filing a dwelling action, unless the defect is an immediate threat to life or safety. It also bifurcates defect and fault and ties the builder's insurer to the claim.
Read the referenceA.R.S. 12-1363: The Notice-and-Repair Clock for Arizona Construction Defects
A.R.S. 12-1363 is the step-by-step notice-and-repair process for Arizona construction defects. You mail certified notice, make the home available for inspection within 10 days, and the builder has 60 days to respond in writing with repair, replacement, or money. Your lawsuit deadline pauses while this runs.
Read the referenceA.R.S. 12-1364: Who Pays the Attorney Fees in an Arizona Defect Case
A.R.S. 12-1364 sets who pays attorney fees, costs, and expert fees in an Arizona construction-defect lawsuit. You are the prevailing party only if what you win is more favorable than the builder's pre-suit repair-or-replace offer, so a fair builder offer can flip the fees onto you.
Read the referenceA.R.S. 12-1365: The ROC Complaint Notice Your New-Home Contract Must Carry
A.R.S. 12-1365 requires a new-home contract to tell the buyer, in bold 10-point type they initial, that they can file a complaint against the homebuilder with the Arizona Registrar of Contractors within two years after close of escrow or move-in, whichever comes first. It is your deadline for the ROC route.
Read the referenceA.R.S. 12-1366: What Arizona's Construction-Defect Law Does and Does Not Cover
A.R.S. 12-1366 sets the edges of Arizona's Purchaser Dwelling Act. It does not cover personal injury, death, fraud, damage to property other than the dwelling, ROC proceedings, or claims for repairs you already paid for and fixed. Association claims also fall under the planned-community law in Title 33.
Read the referenceA.R.S. 12-341.01: Recovering Attorney Fees in an Arizona Contract Dispute
A.R.S. 12-341.01 lets an Arizona court award reasonable attorney fees to the winning side in any contested lawsuit that arises out of a contract. The award is discretionary, not automatic, and the fees cannot exceed what the party actually paid or agreed to pay their lawyer.
Read the referenceA.R.S. 12-552: Arizona's 8-Year Deadline to Sue Over Construction Defects
A.R.S. 12-552 sets a hard outer deadline for suing over a construction defect in Arizona: eight years after the home is substantially complete, stretched to nine years if the problem first shows up in year eight. After that, the claim is dead no matter when you discovered it.
Read the referenceA.R.S. 33-1002: The Owner-Occupied Home Lien Exemption
A.R.S. 33-1002 protects a true owner-occupant: a subcontractor or supplier who did not have a written contract directly with you cannot record a mechanics lien on your dwelling. You must have owned the property before work began and live there or intend to. Any waiver of this protection is void.
Read the referenceA.R.S. 33-1008: Lien Waivers and the Four Required Forms
A.R.S. 33-1008 controls how a contractor or supplier gives up lien rights in Arizona. A waiver is enforceable only on one of four statutory forms tied to progress or final payment, conditional or unconditional. A conditional waiver takes effect only once payment actually clears, which protects you.
Read the referenceA.R.S. 33-981: Who Can Put a Mechanics Lien on Your Arizona Home
A.R.S. 33-981 gives anyone who supplies labor, professional services, or materials to your construction project the right to record a mechanics lien against the property if they are not paid. The right reaches subcontractors and suppliers you never hired, and an unlicensed contractor gets no lien.
Read the referenceA.R.S. 33-992: When a Mechanics Lien Outranks a Later Loan
A.R.S. 33-992 fixes a mechanics lien's place in line. The lien relates back to when labor first started or materials were first delivered, so it outranks mortgages and other claims recorded after that date. A construction lender keeps priority only if it records within ten days of work starting.
Read the referenceA.R.S. 33-992.01: The Twenty Day Preliminary Notice Explained
A.R.S. 33-992.01 requires most lien claimants to send a preliminary twenty day notice within twenty days of first supplying labor or materials to your job. The notice is a condition of their lien right. Sent late, the claimant can lien only for work supplied in the twenty days before service.
Read the referenceA.R.S. 33-993: How a Mechanics Lien Gets Recorded in Arizona
A.R.S. 33-993 sets the deadline and steps to perfect a mechanics lien in Arizona. The claimant must record a notice and claim of lien with the county recorder within 120 days after the project is completed, or within 60 days after a notice of completion is recorded, and serve a copy on the owner.
Read the referenceA.R.S. 33-994: Withholding Payment So You Do Not Pay Twice
A.R.S. 33-994 lets you hold back money you still owe your general contractor to cover a lien claim from a subcontractor or supplier. When you are served a notice and claim of lien, you can retain the claimed amount from the contractor's pay, which helps you avoid paying for the same work twice.
Read the referenceA.R.S. 33-998: The Six Month Deadline to Foreclose a Lien
A.R.S. 33-998 gives a mechanics lien an expiration date. The claimant must file a lawsuit to foreclose within six months after recording the lien, or the lien dies and no longer clouds the property. The successful party in that lawsuit may be awarded reasonable attorney fees.
Read the referenceA.R.S. 32-1101: What Counts as a Contractor in Arizona
A.R.S. 32-1101 defines a contractor as anyone who, for pay, builds, alters, repairs, moves, or wrecks a structure, or who supervises that work. The definition is broad and pulls in subcontractors, specialty trades, and project managers, which is what makes a license required.
Read the referenceA.R.S. 32-1102: Arizona Contractor License Classifications
A.R.S. 32-1102 sorts Arizona contractor licenses into seven groups across commercial, residential, and dual work, split into general and specialty. The general residential classification is the one a custom home builder needs to build a whole house on residential property.
Read the referenceA.R.S. 32-1121: Arizona's Owner-Builder Exemption
A.R.S. 32-1121 lists who can do construction in Arizona without a contractor license. The big two are the owner-builder exemption for work on your own home and a minor-work exemption for jobs under $1,000. Both have strict conditions that are easy to trip over.
Read the referenceA.R.S. 32-1122: Arizona Contractor License Qualifications
A.R.S. 32-1122 sets what it takes to get an Arizona contractor license: a qualifying party with at least four years of trade experience, a passed written exam, and the required bond. The qualifying party is the licensed brain of the business, and the bond protects you.
Read the referenceA.R.S. 32-1123: Unlicensed Contractor Bidding in Arizona
A.R.S. 32-1123 punishes bidding on work without the right license. If an unlicensed entity bids on a project worth more than $1,000, the Registrar can refuse to license them for a full year. The bid itself, not just doing the work, is what triggers the penalty.
Read the referenceA.R.S. 32-1124: Arizona Contractor License Issuance and Posting
A.R.S. 32-1124 tells the Registrar to issue a qualified applicant's license within 60 days, gives it an ROC number, and requires that number on job sites, bids, and ads. It also lets the state suspend a license automatically when the business dissolves or pays with a bad check.
Read the referenceA.R.S. 32-1125: How an Arizona Contractor License Renews (and Lapses)
A.R.S. 32-1125 governs Arizona contractor license renewal: a license suspends the day after its renewal date if no application is filed on time. A license suspended under a year can be reactivated with the renewal fee plus a $50 fee; past a year, the contractor must apply for a brand-new license.
Read the referenceA.R.S. 32-1126: Arizona Contractor License Fees
A.R.S. 32-1126 sets the cap on Arizona contractor license fees. A general residential license costs no more than $500 to first issue and no more than $320 to renew, both for a two-year term. The statute names the ceilings and lets the Registrar set the actual charge.
Read the referenceA.R.S. 32-1131: Who and What the Recovery Fund Covers (Definitions)
A.R.S. 32-1131 sets the three words that decide who the Arizona residential contractors' recovery fund protects. It defines residential contractor, fund, and assessment. Only a licensed residential contractor's bad work can trigger a fund claim, so this short section controls every other recovery fund rule.
Read the referenceA.R.S. 32-1132: Who Can Claim From Arizona's Recovery Fund
A.R.S. 32-1132 says who can collect from Arizona's residential contractors' recovery fund. You generally must own and live in (or plan to live in) the damaged home, and the contractor must have held a valid license when the job started. It covers owners, certain trusts and LLCs, HOAs, and some lessees.
Read the referenceA.R.S. 32-1132.01: The $30,000 Recovery Fund Cap Per Claim
A.R.S. 32-1132.01 caps what Arizona's residential contractors' recovery fund pays at $30,000 per claim. The fund covers your actual damages only, and money you collect from other sources, like a bond or the contractor, is subtracted first. It does not pay for emotional distress or attorney fees.
Read the referenceA.R.S. 32-1133: The 2-Year Deadline to Sue for a Recovery Fund Claim
A.R.S. 32-1133 gives you two years to start the lawsuit that can later tap Arizona's recovery fund. The clock runs from the contractor's harmful act or from the date you occupied the home. You must also notify the ROC in writing within 30 days of filing that lawsuit.
Read the referenceA.R.S. 32-1139: The $200,000 Recovery Fund Cap Per License
A.R.S. 32-1139 caps the total Arizona recovery fund can pay out for any single contractor's license at $200,000. When several homeowners file against the same bad contractor and their claims add up past that limit, they split the money pro rata. The fund pays nothing more once $200,000 is reached.
Read the referenceA.R.S. 32-1151: Contracting Without a License Is Illegal in Arizona
A.R.S. 32-1151 makes it illegal to act as a contractor in Arizona, or to offer to, without a contractor's license in good standing from the Registrar of Contractors. Pulling a permit or hiring workers for a job counts as proof you were acting as a contractor.
Read the referenceA.R.S. 32-1152: The License Bond Every Arizona Contractor Must Carry
A.R.S. 32-1152 requires every Arizona contractor to file a license bond, or a cash deposit, with the Registrar of Contractors before the license is issued or renewed. The bond amount scales with license class and work volume, from $1,000 for small specialty work up to six figures for large general contractors.
Read the referenceA.R.S. 32-1153: An Unlicensed Contractor Cannot Sue to Get Paid
A.R.S. 32-1153 bars a contractor from suing in Arizona to collect payment unless they prove they held the proper license both when the contract was signed and when the claim arose. No valid license means no right to recover compensation in court.
Read the referenceA.R.S. 32-1154: Grounds to Suspend or Revoke a Contractor's License
A.R.S. 32-1154 lists the acts that let Arizona's ROC suspend or revoke a contractor's license. The list covers abandoning a job, ignoring the plans, poor workmanship, building code violations, fraud, and not paying for materials over $750. The ROC can also fine a contractor up to $500 per violation.
Read the referenceA.R.S. 32-1155: How a Contractor Complaint Gets Filed and Resolved
A.R.S. 32-1155 sets how a contractor complaint moves through Arizona's ROC. You file a written complaint charging a licensee with an act that is grounds for discipline. The ROC investigates and may issue a citation, and the contractor then has 10 days to file a written answer.
Read the referenceA.R.S. 32-1158: What an Arizona Home Construction Contract Must Include
A.R.S. 32-1158 lists what a contractor must put in any Arizona construction contract over $1,000: names, addresses, license number, dates, scope, total price, deposit, and progress payments, plus a bold complaint-rights notice. The contractor must hand you signed copies at signing.
Read the referenceA.R.S. 32-1158.01: Arizona's Rules for Swimming Pool and Spa Contracts
A.R.S. 32-1158.01 caps how a pool or spa contractor can collect payment in Arizona: no more than 15 percent up front, then staged payments tied to excavation, structure and plumbing, and decking, each capped at 25 percent. It also requires written change orders and an offer of completion and payment bonds.
Read the referenceA.R.S. 32-1158.02: Arizona Storm-Damage Repair Contract Rules
A.R.S. 32-1158.02 governs Arizona home repair contracts paid by storm-damage insurance. It gives you the right to cancel within four business days for any reason, or within 72 hours after your insurer denies the claim, and caps any down payment at 50 percent of the contract.
Read the referenceA.R.S. 32-1159.01: Void Indemnity Clauses in Arizona Home Contracts
A.R.S. 32-1159.01 makes a clause in an Arizona home construction or design contract void when it tries to force one party to cover the other party's own negligence. You cannot be required to pay for damage your builder or architect caused through their own fault.
Read the referenceA.R.S. 32-1160: The Notice You Must Send Before Suing Over Termite Damage
A.R.S. 32-1160 makes you give a termite-control contractor written notice at least 30 days before you sue over termite damage. The contractor then has 10 days to inspect or offer a settlement, and any agreed repairs must be finished within 45 days of your written acceptance.
Read the referenceA.R.S. 32-1161: What a Contractor Can Do After a License Suspension
A.R.S. 32-1161 covers a contractor whose Arizona license was suspended. The ROC must reinstate the license once the contractor proves the loss behind the suspension is fully paid or the judgment's renewal terms are met, and the suspended contractor may still do warranty or corrective work, but only for free.
Read the referenceA.R.S. 32-1162: The 2-Year Deadline to File an ROC Complaint
A.R.S. 32-1162 gives you two years to file a complaint with Arizona's ROC against a contractor. For a new home, the two years runs from the earlier of close of escrow or actual occupancy. For other projects, it runs from the date the specific project was completed. Miss it and the ROC will not act.
Read the referenceA.R.S. 32-1164: The Criminal Penalty for Unlicensed Contracting in Arizona
A.R.S. 32-1164 makes acting as a contractor without a license a class 1 misdemeanor in Arizona, with a fine of at least $1,000 for a first offense and at least $2,000 for repeats. If the court grants probation, it must order the violator to pay all state, county, and city taxes owed from the job.
Read the referenceA.R.S. 32-1166: When the ROC Can Order an Unlicensed Contractor to Stop
A.R.S. 32-1166 lets the Arizona Registrar of Contractors issue a cease and desist order to anyone who is doing contracting work that requires a license but does not hold one. The order forces the unlicensed person to stop the prohibited activity the moment they receive it.
Read the referenceA.R.S. 32-1168: Stopping Work Until Contractors on a Project Are Licensed
A.R.S. 32-1168 lets a city, county, or state authority halt or suspend work on a construction project, at the Registrar of Contractors' request, until the contractors on that job meet Arizona's licensing requirements. It turns a license problem into a job-site shutdown.
Read the referenceA.R.S. 32-1169: Proof of a Valid License for Arizona Building Permits
A.R.S. 32-1169 makes Arizona cities and counties check licensing before they issue a building permit. The permit applicant must file a signed statement giving their contractor license number, or, if exempt, state the exemption and name the licensed trades doing the work.
Read the referenceA.R.S. 32-1170: What Counts as a Solar Contractor in Arizona
A.R.S. 32-1170 defines a solar contractor as a licensed contractor who installs, alters, or repairs solar devices, and defines a solar device as equipment that applies solar energy to plumbing, heating and cooling, pool heating, hot water, or daylighting. These definitions set who needs a solar qualification to do the work.
Read the referenceA.R.S. 32-1170.01: Who Can Install Solar in Arizona
A.R.S. 32-1170.01 makes it unlawful for a contractor to install, alter, or repair a solar device in Arizona without first qualifying as a solar contractor under the licensing rules. A general license alone does not cover solar work; the contractor must hold the solar qualification.
Read the referenceA.R.S. 32-1182: Arizona Prompt Pay Rules for Owner Progress Payments
A.R.S. 32-1182 is Arizona's Prompt Pay Act for owners. A billing is deemed approved 14 days after the owner receives it unless the owner objects in writing, and payment is due 7 days after that. Late payments accrue interest at 1.5 percent per month.
Read the referenceA.R.S. 32-1183: When a Contractor Must Pay Subcontractors in Arizona
A.R.S. 32-1183 is Arizona's prompt-pay rule for the chain below the owner: a contractor must pay each subcontractor within 7 days of receiving a progress payment, or owe interest of 1.5 percent per month. The contractor may withhold payment only for nine listed reasons, with a written statement within 14 days.
Read the referenceA.R.S. 32-1185: Stopping Work for Nonpayment in Arizona
A.R.S. 32-1185 lets an Arizona contractor suspend or end a job when the owner does not pay on time, after giving at least 7 days written notice. A contractor who stops for nonpayment is not in breach and can recover the costs of remobilizing once paid.
Read the referenceA.R.S. 32-1188: How Prompt-Pay Rules Apply to Owner-Occupant Homes
A.R.S. 32-1188 says Arizona's owner-side prompt-pay deadline in 32-1182 does not apply when you are building a home you will live in, unless the contractor prints a specific notice on every billing and estimate. If that notice appears, you get prompt-pay rights but must object to a billing in writing within 14 days.
Read the referenceA.R.S. 33-1801: What the Planned Communities Act Covers in Arizona
A.R.S. 33-1801 sets the reach of Arizona's Planned Communities Act. It applies to all planned communities, which is the legal name for most HOAs. Timeshares, state-funded schools, and certain pre-1974 nonprofits are carved out, and an exempt group can vote to opt in.
Read the referenceA.R.S. 33-1802: What Counts as a Planned Community (HOA) in Arizona
A.R.S. 33-1802 defines the words used in Arizona's Planned Communities Act. It sets what a planned community, an association, a declaration, and the community documents are. These definitions decide whether your neighborhood is a legal HOA and which rights and rules apply to you.
Read the referenceA.R.S. 33-1803: HOA Assessment Caps and Late Fees in Arizona
A.R.S. 33-1803 limits how much an Arizona HOA can raise dues and charge in late fees. It caps a regular assessment increase at 20 percent per year without a member vote, and limits a late fee to the greater of $15 or 10 percent of the unpaid amount. It also sets a notice process before fines.
Read the referenceA.R.S. 33-1804: Arizona HOA Open Meeting Law
A.R.S. 33-1804 makes Arizona HOA meetings open to members. Owners may attend board and member meetings, speak before the board votes, and record the open parts. The board may close a meeting only for narrow reasons like legal advice or personnel matters, and must give proper notice.
Read the referenceA.R.S. 33-1805: Your Right to Inspect Arizona HOA Records
A.R.S. 33-1805 gives Arizona HOA members the right to examine the association's financial and other records. The HOA must make records available within ten business days, cannot charge to look at them, and may charge no more than fifteen cents a page for copies. A short list of private records is exempt.
Read the referenceA.R.S. 33-1806: HOA Resale Disclosure Rules in Arizona
A.R.S. 33-1806 controls what an Arizona HOA must give a buyer when a home in the community is sold. The HOA has ten days to deliver a disclosure packet, including dues owed, rules, and budgets. Its total transfer-related fee is capped at $400, charged once and only at close of escrow.
Read the referenceA.R.S. 33-1806.01: HOA Rental Disclosure Limits
A.R.S. 33-1806.01 lets you rent out a home in an Arizona HOA and limits what the HOA can demand. You disclose tenant names, lease dates, and vehicle info only. The HOA cannot see the lease, credit report, or application, and any fee is capped at $25 per new tenant.
Read the referenceA.R.S. 33-1807: HOA Liens and Foreclosure in Arizona
A.R.S. 33-1807 gives an Arizona HOA a lien on your lot for unpaid assessments. The lien attaches when an assessment comes due, but the HOA cannot foreclose until you are 18 months behind or owe $10,000 or more in assessments, whichever comes first. The lien ranks behind a first mortgage.
Read the referenceA.R.S. 33-1808: HOA Flag and Political Sign Rules in Arizona
A.R.S. 33-1808 stops an Arizona HOA from banning certain flags, political signs, real estate signs, and political activity. It protects the American flag and others, lets you post political signs from 71 days before a primary to 15 days after the general election, and allows for-sale signs up to 18 by 24 inches.
Read the referenceA.R.S. 33-1809: HOA Parking Rules for Service and Emergency Vehicles in Arizona
A.R.S. 33-1809 stops an Arizona HOA from banning a resident from parking a marked utility or public safety vehicle at home when the job requires it. Utility vehicles up to 20,000 pounds and emergency vehicles up to 10,000 pounds are protected if they carry an official emblem and the worker must keep them available.
Read the referenceA.R.S. 33-1810: HOA Annual Financial Audit in Arizona
A.R.S. 33-1810 requires an Arizona HOA board to provide an annual financial audit, review, or compilation of the association. It must be finished within 180 days after the end of the fiscal year, and the association must make it available to any member who asks within 30 days of completion.
Read the referenceA.R.S. 33-1811: HOA Board Conflict of Interest in Arizona
A.R.S. 33-1811 makes an Arizona HOA board member declare a conflict of interest before the board acts on any paid contract that would benefit the member or a close relative. The member must declare it in an open meeting, may still vote, and any contract made in violation of the rule is void and unenforceable.
Read the referenceA.R.S. 33-1812: HOA Voting, Proxies, and Absentee Ballots in Arizona
A.R.S. 33-1812 bans proxy voting in most Arizona HOAs once the developer hands over control, and requires the association to let members vote in person and by absentee ballot. Each ballot must list every issue, allow a yes or no on each, give at least seven days to return it, and be kept for one year.
Read the referenceA.R.S. 33-1813: Removing an HOA Board Member in Arizona
A.R.S. 33-1813 lets Arizona HOA members force a recall of board members. A petition signed by 25 percent of votes (or 100 members, whichever is less) triggers a special meeting within 30 days. If the board does not hold it, the directors are removed automatically. Removal needs a majority of those voting, with a 20 percent quorum.
Read the referenceA.R.S. 33-1815: HOA Authority Over Commercial Signs in Arizona
A.R.S. 33-1815 stops an Arizona HOA from taking back its approval of a commercial sign on commercially zoned land once the city or county has also approved that sign. After both approvals are in place, a later board cannot revoke or modify the approval, which protects business owners from a shifting HOA board.
Read the referenceA.R.S. 33-1816: HOA Solar Rights in Arizona
A.R.S. 33-1816 protects your right to install solar in an Arizona HOA. An association cannot prohibit a solar energy device. It may set reasonable placement rules, but only if those rules do not block the install, hurt how the panels work, or raise their cost or cut their efficiency.
Read the referenceA.R.S. 33-1817: HOA Design Review and Architectural Control in Arizona
A.R.S. 33-1817 governs how an Arizona HOA reviews custom-home plans. It sets a design committee with a board member as chair, a final approval meeting, a deposit held in trust, and at least two on-site reviews during construction. Approval cannot be unreasonably withheld and is not a safety warranty.
Read the referenceA.R.S. 33-1818: HOA Authority Over Public Roadways in Arizona
A.R.S. 33-1818 strips most Arizona HOAs of authority over public, government-owned roadways. For communities whose declarations were recorded after 2014, the HOA has no power over dedicated public streets. Older communities could keep that power only by holding a membership vote to continue it by June 30, 2025.
Read the referenceA.R.S. 33-1819: HOA Artificial Turf Rights in Arizona
A.R.S. 33-1819 stops an Arizona HOA from banning artificial turf. If your community allows natural grass, the HOA cannot forbid you from installing turf once declarant control ends. It can set reasonable look and quality rules, but only if those rules do not block the install itself.
Read the referenceA.R.S. 11-810.01: Arizona's County ADU Mandate
A.R.S. 11-810.01 requires Arizona counties to allow accessory dwelling units on residentially zoned land by January 1, 2026. You get at least one attached and one detached ADU per single-family lot, plus an extra detached unit on parcels of one acre or more.
Read the referenceA.R.S. 9-461.18: Arizona's City ADU Mandate
A.R.S. 9-461.18 forces Arizona cities with more than 75,000 residents to allow accessory dwelling units on single-family lots. You can build at least one attached and one detached ADU, and cities cannot demand extra parking, a family relationship, or matching exterior design.
Read the referenceA.R.S. 45-454: Arizona's Exempt Well Rule (35 GPM)
A.R.S. 45-454 defines Arizona's exempt well: a non-irrigation well with a pump capacity of no more than 35 gallons per minute. An exempt well skips the permit and allotment system that controls bigger wells, which is what lets a single rural home drill its own domestic supply.
Read the referenceA.R.S. 45-596: Notice of Intention to Drill a Well
A.R.S. 45-596 requires you to file a Notice of Intention to Drill with the Arizona Department of Water Resources before any well is drilled or deepened. ADWR reviews it, then mails a drilling card that authorizes the work. The fee is $100 for a small exempt domestic well, $150 otherwise.
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