Code Compliance

CONTACT INFORMATION: Code Compliance is open 8AM - 4PM Mon-Thurs and 9:15AM - 4PM Fridays.
703-324-1300 TTY 711
12055 Government Center Parkway, Suite 1016
Fairfax, VA 22035
Gabriel M. Zakkak
Director

Code Compliance in Unpermitted Construction: Working for Safe and Legal Building Projects

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.


 

What is “unpermitted construction?”

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:

  • VCC § 108.1 When applications are required: when the work was completed or is in the process of being completed without the required permits.
  • VCC § 113.3 Minimum inspections: when the work is discovered in any stage prior to completion, such as rough-in construction, to ensure that all minimum required inspections are performed.
  • VCC § 113.8 Final inspection: when the work is discovered after it has been fully completed and an approved final inspection is required to ensure compliance with the building code.
  • VCC § 116.1 Certificates of occupancy: when a certificate of occupancy has not been obtained prior to the occupancy of a building, structure, or commercial tenant space.

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.

Unpermitted Construction
Something about a building doesn’t look right? It may be unpermitted construction.

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:

  • Alterations to required means of egress, fire protection systems, water supply and distribution systems, sanitary draining systems, vent systems, mechanical systems, or fuel supply systems, or electrical systems.
  • Repairing or replacing any required component of a fire or smoke rated assembly.
  • Construction or demolition of a new structure, addition, carport, deck, garage (attached or detached), or porches.
  • Interior alterations to an existing space (commercial or residential) to include changes to existing load bearing and non-load bearing walls.
  • Installing roof dormers or a chimney.
  • Finishing a basement or attic space.
  • Enclosing a deck to create a porch, or carport to create a garage or new livable area.
  • Building a concrete or masonry wall exceeding 6 feet in height.
  • Building any retaining walls holding 3-feet or more of dirt/earth.
  • Repairing the structural elements of a roof, including trusses or more than 256 square feet of roof decking.
  • Building or installing detached storage sheds, playhouses, workspaces, and similar structures, whether hand built or prefabricated, which exceed 256 square feet.
  • Installing swimming pools, which have a surface area greater than 150 feet and are greater than 24 inches in depth.
  • Building or replacing fences used as a swimming pool barrier. 
  • The installation or replacement of any fuel fired appliances.
  • The installation or replacement of an electrical service panel(s).
  • The installation of new, or relocation of existing electrical switches, receptacles, luminaires and ceiling fans. 
  • The installation of any new plumbing fixture or appliance.

Permits must be applied for online. How?

  1. Create an account on the Fairfax County Planning and Land Use System (PLUS).
  2. Apply for permits online through this system.
  3. Either you (the property owner) or your licensed contractor can do this.

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.

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