Home Improvement

We are frequently asked who is required to have a home improvement license.  Under Maryland law, "Home improvement" is defined to mean:

(i) the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or

(ii) an improvement to land adjacent to the building.

It specifically includes:

(i) construction, improvement, or replacement, on land adjacent to the building, of a driveway, fall-out shelter, fence, garage, landscaping, porch, or swimming pool;

(ii) connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines;

(iii) installation, in the building or structure, of an awning, fire alarm, or storm window; and

(iv) work done on individual condominium units.

"Home improvement" does not include:

(i) construction of a new home;

(ii) work done to comply with a guarantee of completion for a new building project;

(iii) connection, installation, or replacement of an appliance to existing exposed plumbing lines that requires alteration of the plumbing lines;

(iv) sale of materials, if the seller does not arrange to perform or does not perform directly or indirectly any work in connection with the installation or application of the materials;

(v) work done on apartment buildings that contain four or more single-family units;

(vi) work done on the commonly owned areas of condominiums; or

(vii) a shore erosion control project, as defined in Maryland's Natural Resources laws, for a residential property.  

Unless there is a special exception, a person must have a subcontractor license or contractor license whenever the person acts as a subcontractor in the State, or performs a home improvement in the state. The same thing is true in order to sell home improvements in the state, although some individual employees of home improvement contractors are not required to have separate licenses.  The Home Improvement Commission takes the position that any person (even family members or good Samaritans) that accept money to perform a home improvement service, must have a license.  This is so even if the money is only to reimburse for materials.

If you are a person that has performed home improvements, or anticipates doing so, you must get a license.  The penalties for failure to do so are severe, and may even include criminal charges or being forced to pay back all of the money accepted from the homeowner -- even if you did the work!  And of course, if you are contacted by an investigator from the Home Improvement Commission -- find a lawyer that has experience in that area -- mistakes can be costly.