Building without a permit in Virginia
By Mario Bailey Last checked 2026-07-12 · 4 official sources
Quick answer
Building without a required permit is enforced as a USBC violation under Va. Code 36-106: any violation is deemed a misdemeanor punishable by a fine of not more than $2,500 for a first offense. A second offense within 5 years carries a fine of $1,000 to $2,500; a second offense within 5 to 10 years carries $500 to $2,500; a third or subsequent offense within 10 years carries up to 10 days in jail and a $5,000 to $10,000 fine, none of which may be suspended.
Source: Va. Code 36-106; 13VAC5-63-150 (USBC Section 115). Details and the official text are cited below.
What Virginia law says
Building without a required permit is enforced as a USBC violation under Va. Code 36-106: any violation is deemed a misdemeanor punishable by a fine of not more than $2,500 for a first offense. A second offense within 5 years carries a fine of $1,000 to $2,500; a second offense within 5 to 10 years carries $500 to $2,500; a third or subsequent offense within 10 years carries up to 10 days in jail and a $5,000 to $10,000 fine, none of which may be suspended. The court must order abatement within six months of conviction, and each day the violation continues after the court-ordered abatement period constitutes a separate offense. Localities may instead adopt a civil penalty schedule (up to $100 for a first summons, $350 each additional, $4,000 aggregate cap) in lieu of criminal sanctions. The USBC separately authorizes stop work orders, and Section 115.3 lets the building official seek prosecution when a person receives three or more notices of violation in one calendar year for failure to obtain a required construction permit before starting work.
Cited from Va. Code 36-106; 13VAC5-63-150 (USBC Section 115): official text. Localities enforce these rules and may add their own fees and procedures on top.
Can you get a permit after the work is done?
Virginia's code has no as-built or investigation-fee section; work done without a permit is handled through the violations process. USBC Section 115.2 directs that when violations involve work without a permit, the notice of violation goes to the responsible party and must direct correction of the violation within a reasonable time, which in practice means applying for the required permit. Section 115.2.1 bars issuing a notice more than two years after occupancy or final inspection except on advice of the locality's legal counsel. For emergencies, Section 108.1 allows work to begin first with the application submitted by the end of the first working day after work starts. Any investigation fee for after-the-fact permits is a local fee-schedule matter, not state code.
Cited from 13VAC5-63-150 (USBC Sections 115.2, 115.2.1); 13VAC5-63-80 (Section 108.1): official text.
The typical path, whatever your locality calls it: stop any ongoing work, contact the permit office before they contact you, apply for the permit describing what was actually built, and expect the office to require opening up or inspecting concealed work. Voluntarily coming forward generally goes better than waiting for a complaint or a sale to surface it.
Who can pull the permit
Yes. Va. Code 54.1-1101(A) exempts any person who performs or supervises construction, removal, repair, or improvement of no more than one primary residence owned by them and for their own use during any 24-month period. The exemption covers the whole licensing chapter, including tradesman licensing for electrical, plumbing, and HVAC, so it reaches trade work on the owner's own primary residence. Under the USBC the permit applicant may be the owner or the owner's agent, and an applicant may file a written statement that they are not subject to licensure instead of proof of license. Limits: one primary residence per 24 months, for the owner's own use; rental and investment property work is not covered.
Cited from Va. Code 54.1-1101(A); 13VAC5-63-80 (USBC Sections 108.3, 108.4): official text.
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From the Library
Your local permit office
Enforcement, after-the-fact fees, and the exact fix-it process are local. We cover these Virginia permit offices:
Official sources
This page summarizes state law from the official sources listed above, with a last checked date. It is not legal advice. Penalties and procedures are applied by local offices and courts case by case; for anything contested or high stakes, confirm with your permit office or a licensed professional in Virginia.