Code Compliance Alert:
Looking for information on when a permit is required or do you need help getting your permit? Visit the Land Development Services (LDS) Permit Library to get started or Meet with LDS Staff.
Unpermitted construction means any construction work done without proper permits or inspections. This applies to all properties, even if they've changed owners or if the work was done years ago. Building and Trade Permits are required by Virginia Law, specifically, Chapter 1 of the Virginia Construction Code (VCC). The Department of Code Compliance (DCC) is delegated authority by the Fairfax County Building Official to act as technical assistants in the administration and enforcement of provisions of the VCC.
If a DCC Investigator finds evidence of unpermitted or uninspected work, we must issue a notice of violation (NOV) in accordance with VCC § 115.2. If unpermitted violations are observed, a NOV may include the following code sections, as applicable:
DCC works with owners, applicants, contractors or anyone else responsible for the construction to explain the violations and provide information necessary for obtaining permits. The Investigator assigned to a case will also review the submitted permit application to make sure that the proposed work addresses all violations.
Virginia law requires that property owners obtain building, mechanical, electrical, and/or plumbing permits for new construction, and the work must pass all inspections. The permit is legal permission to start construction. This is important for the life and safety of anyone in a building, so that the construction meets code - reducing the likelihood of electrocution, fire, structural instability, and risk from improper installation of equipment. Following the code and passing inspections is not a safety guarantee, but it helps ensure that buildings meet minimum safety standards, are constructed properly, and are less likely to pose risks to occupants and the public. Property Owners should also know about liability limits on their property, since insurance may not cover damage or loss of a structure that was built without the proper permits. Speak with your insurance representative or attorney for specific advice.
A building permit is required for all new residential, commercial, and industrial construction – including alterations and equipment installations in Fairfax County. The list below includes many, but not all, common projects that require a permit.
Visit "Does My Project Require a Permit?" for a complete list and other resources.
Common Projects That Require Permits:
Permits must be applied for online. How?
Homeowners are encouraged to have their licensed contractor obtain the required permits for the work to be performed. If a contractor insists on having a homeowner obtain a permit, the homeowner should ask specific questions about why the contractor is unable to obtain permits themselves.
If you received an NOV, contact the Investigator assigned to your case. If you are thinking about starting a project, begin by visiting the Fairfax County Land Development Services (LDS) Permit Library to learn about the various types of permit applications. Once you have an idea of what permits may be needed, you should be aware of other regulatory requirements. If you need assistance, check out LDS Meet with Staff for contact information based on the type of project. If you are interested in hiring a professional but don’t know where to start, more information about hiring a contractor can be found on the County’s website.
When DCC receives a complaint or report of unpermitted construction, Code Compliance Investigators will visit the property, observe the property, and document their findings. Properties in violation will be issued a Notice of Violation (NOV). The notice will allow a specified period to correct the violations by obtaining the required permits and/or inspections. Failure to comply with a notice of violation may result in legal action. Visit About Us to learn more about DCC, including what happens during an investigation.
Various approvals may be required depending on the scope of work of your project. These include, but are not limited to:
For more detail on these and other associated permitting requirements, please visit “Does My Project Require a Permit?” and scroll to the section titled, “Additional Permits May Be Required…”
You might have questions about whether work at your home or business obtained the appropriate permits – maybe as part of renovations done before you moved in. While we hope every new construction project gets the right permits, our goal is to achieve compliance, whether the work was completed several months ago, or maybe several decades ago. The good news is it is often a simple process to get permits for unpermitted work that is already completed, whether you are subject to a violation or not. However, DCC doesn’t provide technical construction advice or do courtesy inspections to determine compliance. We recommend that property owners consider hiring a reputable licensed contractor for a consultation. If you know that work was performed without a permit, and you know the contractor who did the work, you may want to ask them to get a permit for work after-the-fact. For more assistance obtaining a permit, or to get other help from County staff, refer to the section above for “How do I get help with permitting?”
If you do work on your property – whether DIY or by a licensed contractor – it is always to the benefit of the homeowner to maintain a copy of all paperwork related to permits, permissions, and building history. If you are looking for permit history, you can use the PLUS System or search the Land Development Information History.