West Virginia building permits

Where to get a building permit in West Virginia

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

West Virginia state agencies

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

Building code in West Virginia

For homes, the residential code is the 2018 International Residential Code for One- and Two-Family Dwellings (with WV amendments; IRC Chapter 11 not adopted)⁵, in effect since August 1, 2022⁵ (adopted locally²).

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

State rules on which work needs a permit

87 CSR 4 §6.1 and §1.6; W. Va. Code §15A-11-5(a), (g)

• 200 square feet. 6.1.a. Group U utility structures and storage sheds comprising an area not more than 200 sq. ft. which have no plumbing or electrical connections and are used only for residential storage purposes.⁵
• Exempt structures listed in §87-4-6.1 are not subject to local inspection. 6.1. The following structures are not subject to inspection by local jurisdictions…⁵
• Agricultural buildings exempt. 1.6. Exemptions. -- The State Building Code has no application to buildings or structures used primarily for agricultural purposes including agritourism purposes.⁵
• Agricultural exemption claims go to the Commissioner of Agriculture. 9.1. If a property owner or other responsible party claims exemption from the applicable Building Code based on the agricultural purposes exemption identified in subsection 1.6 of this rule, he or she shall submit the question to the Commissioner of Agriculture for a determination of eligibility.⁵
• Historic-register buildings: code not mandatory for repair/alteration; additions must comply. Additions constructed on a historic building are not excluded from complying with the State Building Code.¹
• Historic-register buildings exemption. (g) The provisions of the State Building Code relating to the construction, repair, alteration, restoration, and movement of structures are not mandatory for existing buildings and structures identified and classified by the State Register of Historic Places under the provisions of §29-1-8 of this code or the National Register of Historic Places, pursuant to 54 U.S.C. § 302101 et seq.¹

Can local rules be stricter?

Yes¹

Homeowners doing their own work

W. Va. Code §§30-42-3(d)(2), 30-42-6(c)(8), 30-42-10(a), 21-14-3(c)(1), 21-16-3(d)(1), 29-3B-3(a)(1)

• Owner doing own work is not a "contractor"; at permit application a person not subject to licensure files a written affidavit. A person who personally performs construction work on the site of real property which the person owns or leases whether for commercial or residential purposes…⁹
• Work personally performed by owner or occupant exempt from contractor licensure. Work personally performed on a structure by the owner or occupant thereof…¹⁰
• (a) Any person making application to the building inspector or other authority of any incorporated municipality or other political subdivision in this state charged with the duty of issuing building or other permits for the construction of any building, highway, sewer, or structure, or for any removal of materials or earth, grading or improvement shall, before issuance of the permit, either furnish satisfactory proof to the inspector or authority that the person is duly licensed under the provisions of this article to carry out or superintend the construction, or file a written affidavit that the person is not subject to licensure as a contractor or subcontractor as defined in this article.¹¹
• A person who personally performs plumbing work on a single family dwelling owned or leased by that person or by a member of that person's immediate family…¹²
• Owner may do HVAC work on own single family dwelling. A person who personally performs work on a heating, ventilating, and cooling system in a single family dwelling owned by that person or by a member of that person’s immediate family…¹³
• A person who performs electrical work with respect to any property owned or leased by that person or that person’s immediate family…¹⁴

Contractor licensing

W. Va. Code ch. 30, art. 42 (WV Contractor Licensing Act); §29-3B (electricians); §21-14 (plumbers); §21-16 (HVAC)

• License required to act as a contractor. (a) No person may engage in this state in any activity as a contractor or submit a bid to perform work as a contractor, as defined in this article, unless that person holds a license issued under the provisions of this article.¹⁰
• $5,000. “Contractor” means a person who in any capacity for compensation, other than as an employee of another, undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, structure, or excavation associated with a project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, where the cost of the undertaking is $5,000 or more for residential work or $25,000 or more for commercial work.⁹
• $10,000. (b) No person licensed under the provisions of this article may perform contracting work of an aggregate value of $10,000 or more, including materials and labor, without a written contract, setting forth a description and cost of the work to be performed, signed by the licensee and the person for whom the work is to be performed.¹¹
• Permit issuer must see contractor license or owner affidavit. (a) Any person making application to the building inspector or other authority of any incorporated municipality or other political subdivision in this state charged with the duty of issuing building or other permits for the construction of any building, highway, sewer, or structure, or for any removal of materials or earth, grading or improvement shall, before issuance of the permit, either furnish satisfactory proof to the inspector or authority that the person is duly licensed under the provisions of this article to carry out or superintend the construction, or file a written affidavit that the person is not subject to licensure as a contractor or subcontractor as defined in this article.¹¹
• Unlicensed contracting: board penalty $200 to $1,000. (2) After affording an opportunity for a hearing, the board may impose a penalty of not less than $200 nor more than $1,000 upon any person engaging in contracting business in the state without a valid license.¹⁵
• Unlicensed work on projects of $25,000 or more: up to $200 per day. (d) Any person who undertakes any construction work without a valid license when a license is required by this article, when the total cost of the contractor’s construction contract on any project upon which the work is undertaken is $25,000 or more, shall, in addition to any other penalty herein provided, be assessed by the board an administrative penalty not to exceed $200 per day for each day the person is in violation.¹⁵
• Local governments may not require an additional contractor license. After the effective date of this article no municipality, local government, or county may require any additional occupational license or other evidence of competence as a contractor from any person, firm, or corporation who or which holds a valid and current license issued pursuant to this article, as a condition precedent to permission for the performance of contractor work in such municipality, local government jurisdiction, or county.¹⁶
• Electrical work for hire requires a State Fire Marshal license. After the effective date of this article, no electrical work may be performed, offered, or engaged in for compensation or hire within the state of West Virginia by any person, firm, or corporation unless such person, firm, or corporation possesses a license and a certificate issued by the State Fire Marshal in accordance with this article…¹⁷
• Plumbing work requires a Commissioner of Labor license. (a) On and after January 1, 2009, a person performing or offering to perform plumbing work in this state shall have a license issued by the Commissioner of Labor, in accordance with the provisions of this article.¹²
• HVAC work requires a Commissioner of Labor license. On and after January 1, 2016, a person performing or offering to perform work on a heating, ventilating, and cooling system in this state shall have a license issued by the Commissioner of Labor, in accordance with the provisions of this article and the legislative rules promulgated pursuant hereto…¹³
• West Virginia Division of Labor, Licensing Section (administers the Contractor Licensing Board; plumber and HVAC licensing). At this time, we also perform administrative and enforcement duties for the Contractor Licensing Board - Contractor Licensing Act.⁷
• West Virginia Office of the State Fire Marshal, Regulatory and Licensing Division (electricians, building code officials, home inspectors). The West Virginia State Fire Marshal's Office, Regulatory and Licensing Division, is responsible for the administration and enforcement of the following license programs state-wide: Electricians, Electrical Inspectors, Building Code Enforcement, Fire Protection Workers, Home Inspectors, Pyrotechnicians, and the sale, storage, and handling of Fireworks and Explosives.⁸

Handyman limits

W. Va. Code §30-42-3(d)

• $5,000. “Contractor” means a person who in any capacity for compensation, other than as an employee of another, undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, structure, or excavation associated with a project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, where the cost of the undertaking is $5,000 or more for residential work or $25,000 or more for commercial work.⁹
• Landscaping and painting excluded from "contractor". (6) A person who performs landscaping or painting services for commercial or residential customers.⁹

Private plan review and inspections

No West Virginia private-inspector statute found

• Counties and municipalities may contract with each other for inspection and enforcement. Also, any county or municipality may enter into an agreement with any other county or municipality to provide inspection and enforcement services: Provided, That any county or municipality may adopt the State Building Code with or without adopting the BOCA National Property Maintenance Code.¹

Accessory dwelling units (ADUs)

W. Va. Code §§8-42-1 to 8-42-3 (2026 SB 659, Acts 2026 ch. 241) · in effect June 4, 2026²¹

• Municipalities must allow at least one ADU by right on a lot with a single-family dwelling. (a) Except as provided in this article, a municipality shall not adopt a policy, regulation, or ordinance that restricts, prohibits, or otherwise regulates the use of at least one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.¹⁸
• Attached, detached or internal. (b) An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel.¹⁸
• 1,000 square feet. (c) If the accessory dwelling unit is detached from or attached to the single-family dwelling, it shall not be more than 75 percent of the gross floor area of the single-family dwelling or 1,000 square feet, whichever is less.¹⁸
• No additional parking may be required. Require that a lot or parcel have additional parking to accommodate an accessory dwelling unit or require fees in lieu of additional parking…¹⁸
• No owner/occupant relationship requirement. Require a familial, marital, or employment relationship between the occupants of the single-family dwelling and the occupants of the accessory dwelling unit…¹⁸
• $250. Assess development impact fees in excess of $250 on the construction of an accessory dwelling unit…¹⁸
• Setbacks, height, lot size and coverage no stricter than for the house. Set maximum building heights, minimum setback requirements, minimum lot sizes, maximum lot coverages, or minimum building frontages for accessory dwelling units that are more restrictive than those for the single-family dwelling on the lot…¹⁸
• Separate water and sewer cannot be required. (9) Require water and sewer for the accessory dwelling unit separate from that serving the primary structure.¹⁸
• Manufactured home may be an ADU by right on a lot with a single-family dwelling in any zoning district where ADUs are permitted. (e) A manufactured home may be used as an accessory dwelling unit by right on a lot or parcel that contains a single family dwelling in any zoning district where accessory dwelling units are permitted.¹⁸
• $250. (B) The application fee may not exceed $250 for each accessory dwelling unit.¹⁹
• Usual building fees still allowed. (2) Subdivision (1) of this subsection does not prohibit a municipality from requiring its usual building fees in addition to the application fee.¹⁹
• Building codes and other regulatory requirements still apply. Supersede applicable regulatory requirements…¹⁹
• Conflicting local rules invalid from January 1, 2027. (c) A policy, regulation, or ordinance in effect on or after January 1, 2027, that applies to an accessory dwelling unit and does not comply with this article is invalid to the extent of its conflict with this article.¹⁹
• Short-term rentals may still be regulated. (a) This article does not prohibit a municipality from regulating short-term rentals.¹⁹
• ADU definition. "Accessory dwelling unit" means a self-contained and independently accessed living unit on the same parcel as a single-family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with, or is otherwise exempt from, any applicable regulatory requirements…²⁰
• 2026 SB 659 redesignated the ADU article from §8-40 to §8-42. §8–40–2 → §8–42–2 (Redesignated Code)…²¹
• Approved by Governor 3/14/2026. Approved by Governor 3/14/2026…²¹

Applies to

Municipalities only (the article says "municipality"; counties are not named)¹⁸

Can local rules be stricter?

Municipality may be more permissive¹⁹