Virginia building permits

Where to get a building permit in Virginia

Apply to the building department of the city, town or county where the property is (the steps).

Our Virginia city guides, with each department's contacts, fees, inspections and project rules:

• Virginia Beach

Virginia state agencies

These offices set statewide codes or license the trades. They do not issue permits for most home projects.

Building code in Virginia

For homes, the residential code is the 2021 International Residential Code as referenced in the VCC ("VRC")⁴, in effect since January 18, 2024⁵ (statewide; applies everywhere⁸).

Every code family, edition and effective date is on Virginia building codes.

State rules on which work needs a permit

13VAC5-63-80 (VCC Section 108.2); Va. Code § 36-105 B

• Permit required before construction, demolition, structural, MEP work. Application for a permit shall be made to the building official and a permit shall be obtained prior to the commencement of any of the following activities, except that applications for emergency construction, alterations, or equipment replacement shall be submitted by the end of the first working day that follows the day such work commences.⁹
• Exempt work still must meet code; owner may request a permit anyway. Notwithstanding the requirements of Section 108.1, application for a permit and any related inspections shall not be required for the following; however, this section shall not be construed to exempt such activities from other applicable requirements of this code. In addition, when an owner or an owner's agent requests that a permit be issued for any of the following, then a permit shall be issued and any related inspections shall be required.⁹
• 256 square feet. 2. One story detached structures used as tool and storage sheds, playhouses, or similar uses, provided the building area does not exceed 256 square feet (23.78 m2) and the structures are not classified as a Group F-1 or H occupancy.⁹
• Fences exempt at any height unless pool barrier or pedestrian protection. 5. Fences of any height unless required for pedestrian safety as provided for by Section 3306 or used for the barrier for a swimming pool.⁹
• 6 feet. 6. Concrete or masonry walls, provided such walls do not exceed six feet in height above the finished grade.⁹
• 3 feet. 7. Retaining walls supporting less than three feet of unbalanced fill that are not constructed for the purpose of impounding Class I, II, or III-A liquids or supporting a surcharge other than ordinary unbalanced fill.⁹
• Pools up to 150 sq ft and under 24 in deep exempt. 8. Swimming pools that have a surface area not greater than 150 square feet (13.95 m2) and are less than 24 inches (610 mm) deep.⁹
• 30 feet. 11. Flagpoles 30 feet (9144 mm) or less in height.⁹
• 30 inches. 12. Temporary ramps serving dwelling units in Groups R-3 and R-5 occupancies where the height of the entrance served by the ramp is no more than 30 inches (762 mm) above grade.⁹
• Minor and ordinary work at building official discretion. 13. Construction work deemed by the building official to be minor and ordinary and that does not adversely affect public health or general safety.⁹
• Like-for-like window/door replacement exempt in dwellings. 14.1. Replacement of windows and doors with windows and doors of similar operation and opening dimensions that do not require changes to the existing framed opening and that are not required to be fire rated in Group R-2 where serving a single dwelling unit and in Groups R-3, R-4, and R-5.⁹
• Plumbing fixture and well pump replacement exempt. 14.2. Replacement of plumbing fixtures and well pumps in all groups without alteration of the water supply and distribution systems, sanitary drainage systems, or vent systems.⁹
• Switches, receptacles, light fixtures, ceiling fans replacement exempt in dwellings. 14.3. Replacement of general use snap switches, dimmer and control switches, 125 volt-15 or 20 ampere receptacles, luminaires (lighting fixtures), and ceiling (paddle) fans in Group R-2 where serving a single dwelling unit and in Groups R-3, R-4, and R-5.⁹
• Replacement of non-gas, non-oil mechanical appliances exempt in dwellings. 14.4. Replacement of mechanical appliances provided such equipment is not fueled by gas or oil in Group R-2 where serving a single-family dwelling and in Groups R-3, R-4, and R-5.⁹
• Unlimited reroof/residing in R-3/R-4/R-5 where design wind speed is 100 mph or less. 14.5. Replacement of an unlimited amount of roof covering or siding in Group R-3, R-4, or R-5 provided the building or structure is not in an area where the nominal design wind speed is greater than 100 miles per hour (44.7 meters per second) and replacement of 100 square feet (9.29 m2) or less of roof covering in all groups and all wind zones.⁹
• 256 square feet. 14.6. Replacement of 256 square feet (23.78 m2) or less of roof decking in Group R-3, R-4, or R-5 unless the decking to be replaced was required at the time of original construction to be fire-retardant-treated or protected in some other way to form a fire-rated wall termination.⁹
• Installation or replacement of cabinetry or trim exempt. 14.9. Installation or replacement of cabinetry or trim.⁹
• Historic districts: permit may be required for siding, roofing, windows. 1. Application for a permit may be required by the building official for the installation of replacement siding, roofing, and windows in buildings within a historic district designated by a locality pursuant to § 15.2-2306 of the Code of Virginia.⁹
• Flood hazard areas: exempt items may require a permit. 2. Application for a permit may be required by the building official for any items exempted in this section that are located in a special flood hazard area.⁹
• $2,500. Where the construction cost is less than $2,500, however, the inspection may, in the discretion of the inspecting authority, be waived.¹⁰

Applies to

USBC-wide (all localities)¹¹

Can local rules be stricter?

No⁸

Homeowners doing their own work

Va. Code § 54.1-1101(A)(7), (B)-(D); § 54.1-1111; 13VAC5-63-80 (VCC 108.3)

• Application for a permit shall be made by the owner or lessee of the relevant property or the agent of either or by the RDP, contractor, or subcontractor associated with the work or any of their agents.⁹
• Licensing exemption: one primary residence for own use per 24 months. Any person who performs or supervises the construction, removal, repair, or improvement of no more than one primary residence owned by him and for his own use during any 24-month period…¹²
• Licensing exemption: house built on own land as gift to immediate family member who lives there. 8. Any person who performs or supervises the construction, removal, repair, or improvement of a house upon his own real property as a bona fide gift to a member of his immediate family provided such member lives in the house.¹²
• Landlord exemption for own rental units. Any person who performs or supervises the repair or improvement of residential dwelling units owned by him that are subject to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.)¹²
• CO required before sale unless buyer acknowledges in writing. B. Any person who is exempt from the provisions of this chapter as a result of subdivision A 7, 10, 11, or 12 shall obtain a certificate of occupancy for any building constructed, repaired or improved by him prior to conveying such property to a third-party purchaser, unless such purchaser has acknowledged in writing that no certificate of occupancy has been issued and that such purchaser consents to acquire the property without a certificate of occupancy.¹²
• Owner-builders must still comply with USBC. C. Any person who is exempt from the provisions of this chapter as a result of subdivision 7, 8, 9, 10, 11, 12, or 14 of subsection A shall comply with the provisions of the Uniform Statewide Building Code (§ 36-97 et seq.).¹²
• Class 1 misdemeanor; third conviction in 36 months a Class 6 felony. D. Any person who violates the provisions of subsection B or C shall be guilty of a Class 1 misdemeanor. The third or any subsequent conviction of violating subsection B or C during a 36-month period shall constitute a Class 6 felony.¹²
• Written statement of non-licensure required at permit. Any person applying to the building official or any other authority of a county, city, or town in this Commonwealth, charged with the duty of issuing building or other permits for the construction of any building, highway, sewer, or structure, or any removal, grading or improvement shall furnish prior to the issuance of the permit, either (i) satisfactory proof to such official or authority that he is duly licensed or certified under the terms of this chapter to carry out or superintend the same, or (ii) file a written statement that he is not subject to licensure or certification as a contractor or subcontractor pursuant to this chapter.¹³

Contractor licensing

Va. Code §§ 54.1-1100, 54.1-1111

• Board for Contractors (DPOR). "Board" means the Board for Contractors.¹⁴
• Class A: $150,000+ per contract or $1 million+ per 12 months. "Class A contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $150,000 or more, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is $1 million or more.¹⁴
• Class B: $30,000 to under $150,000 per contract, or $250,000 to under $1 million per 12 months. "Class B contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $30,000 or more, but less than $150,000, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is $250,000 or more, but less than $1 million.¹⁴
• Class C: over $1,000 but under $30,000 per contract, or under $250,000 per 12 months. "Class C contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is over $1,000 but less than $30,000, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is less than $250,000.¹⁴
• Master tradesman license required for electrical, plumbing, HVAC contractors. The Board shall require a master tradesmen license as a condition of licensure for electrical, plumbing, and heating, ventilation, and air conditioning contractors.¹⁴
• License number or exemption statement required before permit issuance. It shall be unlawful for the building official or other authority to issue or allow the issuance of such permits unless the applicant has furnished his license or certificate number issued pursuant to this chapter or evidence of being exempt from the provisions of this chapter.¹³

Handyman limits

Va. Code § 54.1-1100 (Class C definition)

• $1,000. "Class C contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is over $1,000 but less than $30,000, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is less than $250,000.¹⁴
• Value means fair market value; contract price is prima facie evidence. "Value" means fair market value. When improvements are performed or supervised by a contractor, the contract price shall be prima facie evidence of value.¹⁴

Deadlines for permit decisions and inspections

13VAC5-63-100 (VCC 110.1); 13VAC5-63-130 (VCC 113.7); 13VAC5-63-160 (VCC 116.1); Va. Code § 36-105 D 2

• No fixed day count: review "within a reasonable time", issue "as soon as practicable". The building official shall examine or cause to be examined all applications for permits or amendments to such applications within a reasonable time after filing.¹⁵
• Denial must be in writing with reasons. If the applications or amendments do not comply with the provisions of this code or all pertinent laws and ordinances, the permit shall not be issued and the permit applicant shall be notified in writing of the reasons for not issuing the permit.¹⁵
• New 1-2 family permits cannot be delayed to pace construction. The issuance of permits shall not be delayed in an effort to control the pace of construction of new detached one-family or two-family dwellings.¹⁵
• 2 business days. Under circumstances where the building official is unable to make the inspection or test required by Section 113.3 or 113.4 within two working days of a request or an agreed upon date or if authorized for other circumstances in the building official's written policy, the building official shall accept reports for review.¹⁶
• 5 business days. The building official shall issue the certificate of occupancy within five working days after approval of the final inspection and when the building or structure or portion thereof is determined to be in compliance with this code and any pertinent laws or ordinances, or when otherwise entitled.¹⁷
• Application abandoned after six months unless pursued. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing unless such application has been pursued in good faith or a permit has been issued, except that the building official is authorized to grant one or more extensions of time if a justifiable cause is demonstrated.⁹
• Written explanation of denial required by statute. In the event that a local building department denies an application for the issuance of a building permit, the local building department shall provide to the applicant a written explanation detailing the reasons for which the application was denied.¹⁰

Private plan review and inspections

13VAC5-63-130 (VCC 113.7, 113.7.1, 113.7.2); Va. Code § 36-105 C 7

• The building official may accept reports of inspections and tests from individuals or inspection agencies approved in accordance with the building official's written policy required by Section 113.7.1.¹⁶
• Mandatory acceptance if locality cannot inspect within two working days. Under circumstances where the building official is unable to make the inspection or test required by Section 113.3 or 113.4 within two working days of a request or an agreed upon date or if authorized for other circumstances in the building official's written policy, the building official shall accept reports for review.¹⁶
• Rejection must be in writing within two working days. Failure to approve a report shall be in writing within two working days of receiving it stating the reason for the rejection.¹⁶
• Every building official must have a written third-party inspector policy. Each building official charged with the enforcement of the USBC shall have a written policy establishing the minimum acceptable qualifications for third-party inspectors.¹⁶
• Qualifications may include DHCD certification, other certifications, registration, experience. In determining third-party inspector qualifications, the building official may consider such items as DHCD inspector certification, other state or national certifications, state professional registrations, related experience, education, and any other factors that would demonstrate competency and reliability to conduct inspections.¹⁶
• Mechanical contractor may do duct tests. Exception: The licensed mechanical contractor installing the mechanical system shall be permitted to perform duct tests required by Section R403.3.5 of the IECC or Section N1103.3.5 of the IRC.¹⁶

Limits on permit fees

Va. Code § 36-105 B; 13VAC5-63-70 (VCC Section 107)

• Fees only to defray enforcement cost; used only for building department. Fees may be levied by the local governing body in order to defray the cost of such enforcement and appeals. With the exception of the levy imposed pursuant to § 36-137, any fees levied pursuant to this subsection shall be used only to support the functions of the local building department.¹⁰
• Local fee schedule by square footage, cubic footage, cost, or other criteria. The local governing body shall establish a fee schedule incorporating unit rates, which may be based on square footage, cubic footage, estimated cost of construction, or other appropriate criteria.¹⁸
• 2%. In accordance with subdivision 7 of § 36-137 of the Code of Virginia, the local building department shall collect a 2.0% levy of fees charged for permits issued under this code and transmit it quarterly to DHCD to support training programs of the Virginia Building Code Academy.¹⁸
• Refund on written request for revoked/abandoned/cancelled work. When requested in writing by a permit holder, the locality shall provide a fee refund in the case of the revocation of a permit or the abandonment or cancellation of a building project.¹⁸

Selling a home with unpermitted work

Va. Code § 55.1-703; § 54.1-1101(B)

• The owner makes no representations or warranties as to the condition of the real property or any improvements thereon, or with regard to any covenants and restrictions, or any conveyances of mineral rights, as may be recorded among the land records affecting the real property or any improvements thereon, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary, including obtaining a home inspection, as defined in § 54.1-500, a mold assessment conducted by a business that follows the guidelines provided by the U.S. Environmental Protection Agency, and a residential building energy analysis, as defined in § 54.1-1144, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract…¹⁹
• Buyer told to check with locality on zoning, lot coverage, setbacks. 2. The owner makes no representation with respect to current lot lines or the ability to expand, improve, or add any structures on the property, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary, including obtaining a property survey and contacting the locality to determine zoning ordinances or lot coverage, height, or setback requirements on the property.¹⁹
• Owner-builder sale requires CO or buyer written acknowledgment. B. Any person who is exempt from the provisions of this chapter as a result of subdivision A 7, 10, 11, or 12 shall obtain a certificate of occupancy for any building constructed, repaired or improved by him prior to conveying such property to a third-party purchaser, unless such purchaser has acknowledged in writing that no certificate of occupancy has been issued and that such purchaser consents to acquire the property without a certificate of occupancy.¹²

New state laws not yet in effect

These Virginia statutes have been enacted but do not apply until the date shown; until then, the law in force applies. Each entry quotes the enacted text.

• ADU is a permitted accessory use in single-family zoning districts. B. Zoning ordinances for single-family residential zoning districts shall be deemed to include accessory dwelling units as a permitted accessory use, and no locality shall require compliance with any other requirements except as provided in this section.²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027
• Definition: attached or detached unit with complete independent living facilities on same lot. As used in this section, "accessory dwelling unit" or "ADU" means an attached or detached dwelling unit on a residential dwelling lot that: [...] 1. Provides complete independent living facilities for one or more individuals; [...] 2. Is located on the same lot as a proposed or existing primary residence…²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027
• $500. C. Any person proposing an ADU shall first obtain an ADU permit from the locality, for which the locality may charge a fee of no more than $500.²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027
• ADU permit fee is in addition to building permit fees. Such fee shall be in addition to any other applicable fees, including inspection, site, or building permit fees, that may be required in connection with the ADU.²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027
• Localities may require 30-day minimum lease. A lease term for the rental of an ADU of 30 consecutive days or longer…²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027
• Size limits may not be set below 350 sq ft (lots < 2,500 sq ft) or 500 sq ft (larger lots). Limits on floor area, lot coverage, and impervious area of an ADU of no less than (i) 350 square feet on lots less than 2,500 square feet and (ii) 500 square feet on lots 2,500 square feet or greater…²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027
• Building code compliance may be required. Compliance with (i) building codes, including the requirements of the Uniform Statewide Building Code (§ 36-97 et seq.), for an accessory dwelling unit if the ADU is attached or for a dwelling unit if the ADU is detached; (ii) water, sewer, septic, emergency access, flood zone, and stormwater requirements; (iii) historic and architectural districts and corridor protection restrictions; and (iv) Air Installations Compatible Use Zone restrictions…²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027
• Owner occupancy of ADU or primary dwelling may be required only at application. Owner occupancy of the ADU or the primary dwelling, but not both, only at the time an application is submitted to construct or convert an accessory dwelling unit…²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027
• Setback cap. Rear or side setbacks for the ADU that are greater than the setback required for the primary dwelling or the setback required for accessory structures on the residential lot, whichever is less…²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027
• HOA/condo covenants not overridden. F. Nothing in this section shall be construed to supersede or limit contracts or agreements between or among individuals or private entities related to the use of real property, including recorded declarations and covenants, the provisions of condominium instruments of a condominium created pursuant to the Virginia Condominium Act (§ 55.1-1900 et seq.), the declaration of a common interest community as defined in § 54.1-2345, the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), or any declaration of a property owners' association created pursuant to the Property Owners' Association Act (§ 55.1-1800 et seq.).²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027
• Localities with an ADU ordinance adopted before January 1, 2026 are excluded. I. Nothing in this section shall apply to a locality that adopted an ADU ordinance prior to January 1, 2026.²⁰ Va. Code § 15.2-2292.4; in effect from July 1, 2027