Alabama has been one of the few large preservation markets with no municipal vacant property registry. That changes soon: House Bill 315, enrolled in April 2026 and effective October 1, 2026, authorizes a Class 1 municipality — Birmingham — to adopt a vacant property registration ordinance. The registry itself does not exist yet; what exists is a detailed statutory framework every Birmingham owner and servicer should read before the city ordinance lands. Everything below comes from the enrolled act.
The Trigger: 90 Days Plus Visible Neglect
HB315's vacancy definition has two prongs. A building must lack the habitual presence of human beings for 90 consecutive days, and there must be evidence of unkempt vacancy — the act lists overgrowth, accumulated trash, deterioration, graffiti, and broken windows or doors. That second prong matters: a well-maintained empty house does not meet the definition. The act also excludes an owner's second residence, multi-unit buildings with at least one occupied unit showing utility usage, and buildings actively marketed for sale or lease.
Who Registers, and When
The obligation falls on the owner — defined broadly to include the title holder, anyone in charge or control of the property, and executors and trustees. The registration form must list all known lienholders or their servicing representatives, and out-of-state owners can be required to designate an in-state agent. The deadline is the later of three clocks: 30 days after the property is deemed vacant, 30 days after assuming ownership, or 90 days after a foreclosure or deed in lieu of foreclosure. That 90-day post-foreclosure window is the line servicers should put on the checklist now.
The Money: Capped by Statute
| Item | Statutory cap |
|---|---|
| Initial annual registration fee | $250 |
| Subsequent annual fee | 150% of prior year, never above $1,000 |
| Fine per violation | $1,000 |
| Unpaid fees and fines | Become liens on recording in probate office |
The act also requires a prorated refund when a property stops being vacant mid-registration, and mandates exemptions: good-faith active marketing, seasonal residences, fire or storm damage the owner intends to repair, active construction, probate or divorce estates for up to 24 months, and owners executing a 12-month restoration plan.
Inspections, Placards, and Abatement
Once registered, a property can be inspected inside and out on at least 10 days' notice, and annually thereafter. The city may placard suspected vacant buildings with a 24-by-24-inch notice, may require owners to enclose and secure structures and maintain them to code, and may abate violations at the owner's cost after at least 30 days' notice. Appeals run through municipal court, then circuit court within 30 days.
What to Do Before the Ordinance Lands
- Track the Birmingham City Council's adoption of the implementing ordinance — none of this binds until it passes, and the ordinance will set the actual fees within the caps
- Cure the second prong now: mowing, debris removal, and secured openings keep a vacant building outside the statutory definition entirely
- Calendar the 90-day post-foreclosure clock on every Birmingham asset in the default pipeline
- Line up an in-state agent if ownership sits out of state
- Build the documentation file — dated photos of maintained condition are the defense to an unkempt-vacancy determination
Ethreon maintains vacant property across Central Alabama — the mowing, securing, and dated documentation that keep a building outside any unkempt-vacancy definition. Request Alabama coverage.
Contact EthreonRelated Services
Ethreon delivers these services with full documentation and compliance reporting:
Frequently Asked Questions
1Does Birmingham require vacant property registration today?
Not yet. As of September 2026 there is no operative Birmingham registration ordinance. Alabama's HB315, effective October 1, 2026, authorizes the city to adopt one — the requirements begin only once the City Council passes an implementing ordinance.
2What counts as a vacant property under HB315?
A building lacking the habitual presence of human beings for 90 consecutive days combined with evidence of unkempt vacancy — overgrowth, accumulated trash, deterioration, graffiti, or broken windows and doors. The act excludes an owner's second residence, multi-unit buildings with at least one occupied unit showing utility usage, and buildings actively marketed for sale or lease.
3What are the registration deadlines under HB315?
The later of 30 days after the property is deemed vacant, 30 days after assuming ownership, or 90 days after a foreclosure or deed in lieu of foreclosure — that last window is the one mortgage servicers should calendar.
4How much can Birmingham charge for vacant property registration?
HB315 caps the initial annual fee at $250. Each subsequent year's fee may rise to at most 150% of the prior year's, with a hard cap of $1,000, and a prorated refund applies when a property is no longer vacant. Fines are capped at $1,000 per violation, and unpaid fees and fines can become liens on the property.
5Are any properties exempt from registration under HB315?
The act requires exemptions for properties in good-faith active marketing, seasonal residences, buildings damaged by fire or storm where the owner intends to repair, active construction, estates in probate or divorce proceedings for up to 24 months, and owners executing a 12-month restoration plan.