Mississippi Code
Miss. Code Ann. § 73-59-3 (2026)
Active or inactive license requirement; prerequisites; fee; expiration of license
✓ current as of July 2026
- (1) Except as otherwise provided in Section 73-59-15 or Section 33-1-39, the following persons or entities shall be licensed by the board annually as an active licensee or inactive licensee, as appropriate:
- (a) Persons or entities acting in the capacity as a residential builder;
- (b) Persons or entities acting in the capacity as a residential remodeler;
- (c) Persons or entities acting in the capacity as a construction manager through a contract or an agreement with the owner of the property being improved or constructed upon;
- (d) Any subcontractor, of any tier, performing the following work or within the following trade, on any residential construction or residential improvement project, no matter the dollar amount of the construction or improvements:
- (i) Electrical;
- (ii) Plumbing;
- (iii) Mechanical; and/or
- (iv) Heating, ventilation and/or air conditioning; and
- (e) Persons or entities acting in the capacity as a residential solar contractor.
- (2) As a prerequisite to obtaining a license or renewal thereof, each of the persons or entities in subsection (1) of this section shall submit to the board:
- (a) Proof of workers' compensation insurance, if required by applicable law; however, workers' compensation insurance shall not be required for inactive licensees;
- (b) A federal employment identification number or social security number.
- (3) The board may require liability insurance to be licensed under this chapter and it shall be reflected on the certificate of licensure; however, liability insurance shall not be required for inactive licensees.
- (4) The board shall issue or renew a license to persons or entities required by subsection (1) of this section to be licensed, upon payment to the board of the license fee. The initial license fee shall be Fifty Dollars ($50.00). The license fee may thereafter be increased or decreased by the board and cannot exceed One Hundred Dollars ($100.00); however, the receipts from fees collected by the board shall be no greater than the amount required to pay all costs and expenses incurred by the board in enforcing the provisions of this chapter. Twenty-five Dollars ($25.00) of the fee required by this section which is assessed to residential builders licensed under the provisions of Section 73-59-1 et seq. shall be deposited to the Construction Education Fund created pursuant to Section 31-3-14 and shall be distributed to the Mississippi Housing Institute. The remaining fees collected under this chapter shall be deposited into the special fund in the State Treasury known as the "State Board of Contractors Fund" created pursuant to Section 31-3-17 and shall be used for the administration and enforcement of this chapter and as provided in Section 31-3-14. Amounts in such fund shall not lapse into the State General Fund at the end of a fiscal year. Interest accrued to such fund shall remain in the fund. All expenditures from the special fund shall be by requisition to the Department of Finance and Administration, signed by the executive director of the board and countersigned by the chairman or vice chairman of the board.
- (5) Except as provided in Section 33-1-39, the license shall expire on the last day of the twelfth month following its issuance or renewal and shall become invalid unless renewed. The board may notify by mail or email every licensee under this chapter of the date of the expiration of his license and the amount of the fee required for renewal of the license for one (1) year. To receive notification by email, a licensee must notify the board of his desire to receive notification by email and provide an email address. Such notice may be mailed or emailed within thirty (30) days prior to the expiration date of the license. The failure on the part of any licensee to renew his license annually in such twelfth month shall not deprive such licensee of the right of renewal, provided that renewal is effected within one hundred eighty (180) days after the expiration date of the license by payment of the license fee plus a penalty of ten percent (10%) of the license fee. A new license required to replace a revoked, lost, mutilated or destroyed license may be issued, subject to the rules of the board, for a charge of not more than Fifty Dollars ($50.00). An inactive licensee may become an active licensee upon application meeting all the requirements of this section.
- (6) Any person who is not a resident of the State of Mississippi who desires to perform residential construction or residential improvement shall be licensed to perform such construction or improvement as provided by this chapter.
Laws, 1993, ch. 534, § 2; reenacted and amended, Laws, 1995, ch. 431, § 2; Laws, 1998, ch. 535, § 1; reenacted and amended, Laws, 2000, ch. 345, § 2; Laws, 2002, ch. 396, § 1; Laws, 2004, ch. 368, § 2; reenacted without change, Laws, 2005, ch. 375, § 2; Laws, 2007, ch. 309, § 37; reenacted and amended, Laws, 2009, ch. 556, § 2; reenacted without change, Laws, 2011, ch. 433, § 2; Laws, 2012, ch. 416, § 2, eff. 7/1/2012.
Amended by Laws, 2022, ch. 502, HB 1163,§ 4, eff. 7/1/2022.
Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 12, eff. 7/1/2015.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1999–2024 · leading case: Lowe v. Lowndes Cnty. Bldg. Insp. Dept., 760 So. 2d 711 (Miss. 2000).
Lowe v. Lowndes Cnty. Bldg. Insp. Dept., 760 So. 2d 711 (Miss. 2000). “Lynn did not possess a valid license from the Mississippi State Board of Contractors as required by Miss.Code Ann. § 73-59-3 (Supp.1999). A permit was issued by the appellee, the Lowndes County Building Inspection Department (LCBID), upon application by Lynn, to Housing, Inc.”
J. Criss Builder, Inc. v. White, 35 So. 3d 541 (Miss. Ct. App. 2009). “Mississippi Code Annotated section 73-59-3(1) (Rev.2008) [1] provides, in pertinent part, that "persons who perform residential construction or residential improvement shall be licensed by the board annually[.”
Effort Alexander v. Charlys Espinoza (Miss. Ct. App. 2024). “Thereafter, on September 22, 2023, Alexander filed a motion for summary judgment, 8 Section 73-59-9 reads: (1) Any person or entity required to have a license under Section 73-59-3(1) who undertakes or attempts to undertake the business of residential construction or improvement…”
Malcolm R. Lowe, II v. Lowndes Cnty. Bldg. Inspection Dep't (Miss. 1999). “Lynn did not possess a valid license from the Mississippi State Board of Contractors as required by Miss. Code Ann. § 73-59-3 (Supp. 1999). A permit was issued by the appellee, the Lowndes County Building Inspection Department (LCBID), upon application by Lynn, to Housing, Inc.”
— Miss. Code Ann. § 73-59-3(1) — 2 cases
J. Criss Builder, Inc. v. White, 35 So. 3d 541 (Miss. Ct. App. 2009). “Mississippi Code Annotated section 73-59-3(1) (Rev.2008) [1] provides, in pertinent part, that "persons who perform residential construction or residential improvement shall be licensed by the board annually[.”
Effort Alexander v. Charlys Espinoza (Miss. Ct. App. 2024). “Thereafter, on September 22, 2023, Alexander filed a motion for summary judgment, 8 Section 73-59-9 reads: (1) Any person or entity required to have a license under Section 73-59-3(1) who undertakes or attempts to undertake the business of residential construction or improvement…”
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