Occupying an Existing Dwelling while Building a New Dwelling

Under Sect. 2-501 of Article 2 of the Fairfax County Zoning Ordinance, there shall be not more than one (1) dwelling unit on any one (1) lot, nor shall a dwelling unit be located on the same lot with any other principal building.  However, it has been a long standing practice of the Zoning Administration Division to allow temporary occupancy of an existing dwelling until a new dwelling is complete, with an understanding that a Residential Use Permit (RUP), which is also known as an occupany permit, will not be issued for the new dwelling until the existing dwelling is demolished.  In accordance with Par. 1 of Sect. 18-702 of Article 18 of the Zoning Ordinance, a RUP is required prior to the occupancy of the new dwelling.  Occupancy of the new dwelling prior to issuance of a RUP would consistitute a violation of the Zoning Ordinance.

A property owner may request to occupy an existing dwelling during the construction of a new dwelling on the same property by completing the form below.  Please note that the request form must be signed by the property owner and that a building permit for the construction of a new dwelling will not be issued until a signed copy of the request form has been received by the Zoning Permit Review Branch of the Department of Planning and Zoning.

Click on the link below to view and print the request form.  In order to view, print, and fill out the application form, you will need to have Adobe Reader version 6.0 or higher installed on your computer.

Request Form -- Occupying an Existing Dwelling while Constructing a New Dwelling (PDF)

This form may be submitted in person, by mail or by fax to the Zoning Permit Review Branch at the following address.  There is no associated fee.

Department of Planning and Zonning
Zoning Administration Division
Zoning Permit Review Branch
12055 Government Center Parkway, Suite 250
Fairfax, VA 22035-5508

Phone Number:  703-222-1082, TTY 711
Fax Number:  703-324-2301

Office Hours:

8 a.m. to 4 p.m., Monday through Thursday
9:15 a.m. to 4 p.m., Friday




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