What you can build without a permit in Virginia

By Mario Bailey Last checked 19 Jul 2026 · 78 official sources

Quick answer

Across the 12 Virginia jurisdictions we have verified, 8 of 150 project rules need no permit at all, 77 turn on a size or scope condition the jurisdiction publishes, and 65 require a permit regardless. Patio work is where the answer most often comes with a published condition rather than a flat yes: 12 of the 12 jurisdictions that answer publish one.

How to read this page

"No permit" means the jurisdiction publishes that the work needs no building permit. "Depends" means it publishes a size, height, depth, cost or scope condition that decides the answer, quoted in its own words in the last column; the number beside it is the figure that condition turns on, and which side of the number is exempt is stated by the condition, not by us. Exempt from a building permit is not exempt from zoning, setbacks, height limits, flood rules, an HOA, or a separate electrical, plumbing or mechanical permit, and several of the conditions below say exactly that.

Patio

Fairfax County requires no patio permit at all. 11 of 12 make the patio answer turn on a size or scope condition the jurisdiction publishes.

Jurisdiction	Permit	Published figure	What the rule says
Fairfax County	No permit		On-grade paver and concrete patios do not require a building permit in Fairfax County.
Arlington County	Depends	2,500 sq ft	Arlington lists no patio building permit type; a Land Disturbing Activity/Stormwater permit is required when total land disturbance equals or exceeds 2,500 square feet.
Chesterfield County	Depends		on-grade concrete or paver patios need no building permit; a permit is required for covered patios, patio covers, or slabs designed to support a future structure.
Culpeper County	Depends		on-grade concrete or paver patios need no building permit; a permit is required for covered patios, patio covers, or slabs designed to support a future structure.
Fauquier County	Depends		on-grade concrete or paver patios need no building permit; a permit is required for covered patios, patio covers, or slabs designed to support a future structure.
Henrico County	Depends		on-grade concrete or paver patios are exempt; a permit is required for a patio cover, roofed patio structure, or an addition built over or attached to the patio.
Loudoun County	Depends		on-grade concrete or paver patios need no building permit; a permit is required for covered patios, patio covers, or slabs designed to support a future structure.
Orange County	Depends		on-grade concrete or paver patios need no building permit; a permit is required for covered patios, patio covers, or slabs designed to support a future structure.
Prince William County	Depends		building permit required only if slab is designed to support a future building addition; standard grade-level patio slabs are exempt.
Spotsylvania County	Depends		on-grade concrete or paver patios need no building permit; a permit is required for covered patios, patio covers, or slabs designed to support a future structure.
Stafford County	Depends		on-grade concrete or paver patios need no building permit; a permit is required for covered patios, patio covers, or slabs designed to support a future structure.
Virginia Beach	Depends		Roofed or screened patio additions require a building permit; the city's published permit list does not address open at-grade patios and the state exemption list has no patio entry.

Shed

All 12 make the shed answer turn on a size or scope condition the jurisdiction publishes, and the 12 that state a number all publish 256 sq ft.

Jurisdiction	Permit	Published figure	What the rule says
Arlington County	Depends	256 sq ft	One story detached tool and storage sheds, playhouses and similar structures are exempt from a building permit when the building area does not exceed 256 square feet.
Chesterfield County	Depends	256 sq ft	sheds 256 sq ft or less require no permit; sheds 257 sq ft or larger (up to 400 sq ft) require a building permit.
Culpeper County	Depends	256 sq ft	over 256 sq ft.
Fairfax County	Depends	256 sq ft	single-story shed 256 sq ft or larger requires a building permit; under 256 sq ft no permit required.
Fauquier County	Depends	256 sq ft	single-story structures under 256 sq ft are exempt from building permit; 256 sq ft or larger requires a building and zoning permit.
Henrico County	Depends	256 sq ft	sheds and playhouses over 256 sq ft or more than one story require a building permit; 256 sq ft or less and only one story is exempt.
Loudoun County	Depends	256 sq ft	under 256 sq ft requires zoning permit only; 256 sq ft or larger requires a building permit in addition to zoning permit.
Orange County	Depends	256 sq ft	over 256 sq ft requires building permit; 150 to 256 sq ft requires zoning permit only; under 150 sq ft no permits required.
Prince William County	Depends	256 sq ft	building permit required for structures over 256 sq ft; zoning approval required for all sheds.
Spotsylvania County	Depends	256 sq ft	building permit required for sheds 256 sq ft or larger; zoning approval required for all sheds.
Stafford County	Depends	256 sq ft	building permit required for sheds over 256 sq ft; zoning permit required for all sheds.
Virginia Beach	Depends	256 sq ft	One story detached sheds with a building area of 256 square feet or less are exempt from a building permit; larger sheds require one.

Roof Replacement

11 of 12 make the roof replacement answer turn on a size or scope condition the jurisdiction publishes, and the 5 that state a number all publish 256 sq ft. Virginia Beach requires a permit for roof replacement work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Arlington County	Depends	256 sq ft	Replacing roof covering alone or with less than 256 square feet of roof decking replaced needs no permit; replacing more than 256 square feet of decking requires a building permit, and decking originally required to be fire retardant treated always requires a permit.
Chesterfield County	Depends		like-for-like replacement of roof covering on one- and two-family homes is exempt statewide in areas with nominal design wind speed of 100 mph or less; a permit is required when roof sheathing or framing is replaced, and may be required in historic districts or flood hazard areas.
Culpeper County	Depends		Whether a permit is required for residential roof replacement in Culpeper County depends on the scope of work.
Fairfax County	Depends	256 sq ft	replacing 256 sq ft or more of roof plywood (decking) requires a permit; shingle-only replacement and under 256 sq ft plywood replacement are exempt.
Fauquier County	Depends		like-for-like replacement of roof covering on one- and two-family homes is exempt statewide in areas with nominal design wind speed of 100 mph or less; a permit is required when roof sheathing or framing is replaced, and may be required in historic districts or flood hazard areas.
Henrico County	Depends	256 sq ft	like-for-like replacement of roof covering on one- and two-family homes is exempt in areas with nominal design wind speed of 100 mph or less; a permit is required when more than 256 sq ft of roof sheathing (decking) is repaired or replaced and may be required in historic districts or flood hazard areas.
Loudoun County	Depends	256 sq ft	permit required if replacing more than 256 sq ft of roof decking or making structural changes or changing roofing materials.
Orange County	Depends		like-for-like replacement of roof covering on one- and two-family homes is exempt statewide in areas with nominal design wind speed of 100 mph or less; a permit is required when roof sheathing or framing is replaced, and may be required in historic districts or flood hazard areas.
Prince William County	Depends	256 sq ft	building permit required for replacement of more than 256 sq ft of roof decking; standard shingle re-roofing is exempt.
Spotsylvania County	Depends		like-for-like replacement of roof covering on one- and two-family homes is exempt statewide in areas with nominal design wind speed of 100 mph or less; a permit is required when roof sheathing or framing is replaced, and may be required in historic districts or flood hazard areas.
Stafford County	Depends		like-for-like replacement of roof covering on one- and two-family homes is exempt statewide in areas with nominal design wind speed of 100 mph or less; a permit is required when roof sheathing or framing is replaced, and may be required in historic districts or flood hazard areas.
Virginia Beach	Permit required		Roofing replacement is on the city's permit-required alterations list; the state exemption for roof covering replacement on one and two family dwellings applies only where the nominal design wind speed is not greater than 100 mph.

Fence

7 of the 12 Virginia jurisdictions we have checked require no fence permit at all. 3 of 12 make the fence answer turn on a size or scope condition the jurisdiction publishes. Arlington County and Culpeper County require a permit for fence work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Chesterfield County	No permit		Adding a residential fence that is not part of a swimming pool enclosure does not require a building permit in Chesterfield County, per the county's own permit guidance.
Fairfax County	No permit		Standard residential fences are exempt from a building permit in Fairfax County.
Fauquier County	No permit		Fences do not require a building permit in Fauquier County.
Loudoun County	No permit		Residential fences of any height are exempt from a building permit in Loudoun County under Virginia USBC Section 108.2, unless the fence serves as a swimming pool barrier or is required for pedestrian safety.
Orange County	No permit		Residential fences of any height are exempt from a building permit in Orange County under Virginia USBC Section 108.2, unless the fence serves as a swimming pool barrier or is required for pedestrian safety.
Spotsylvania County	No permit		Under typical circumstances, zoning approval is not required for residential fences in Spotsylvania County, nor is a building permit required.
Stafford County	No permit		Fences in Stafford County do not require a building permit.
Henrico County	Depends	7 feet	fences 7 feet or less in height that do not serve as a swimming pool barrier are exempt; taller fences and any fence serving as a pool barrier require a building permit.
Prince William County	Depends		building permit required only for pool safety barriers or pedestrian safety fences; zoning approval required for all fences.
Virginia Beach	Depends	30 feet from right-of-way	A zoning fence permit is required for any fence or wall within 30 feet of a public right-of-way (except agricultural fences in the AG district); the statewide code exempts fences of any height from building permits unless they serve as a swimming pool barrier.
Arlington County	Permit required		Arlington requires a fence permit for any new or replacement fence not part of a larger permitted project; the state building code exempts fences from a building permit unless they serve as a swimming pool barrier or are required for pedestrian safety.
Culpeper County	Permit required		A zoning permit is required for fence installation in Culpeper County.

Pool

10 of 12 make the pool answer turn on a size or scope condition the jurisdiction publishes, and the 9 that state a number all publish 150 sq ft. Loudoun County and Spotsylvania County require a permit for pool work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Arlington County	Depends	150 sq ft	Under USBC 108.2 a swimming pool is exempt only when its surface area is not greater than 150 square feet and it is less than 24 inches deep; otherwise building and trade permits are required.
Chesterfield County	Depends	150 sq ft	pools, hot tubs, or spas (permanent or storable) greater than 150 sq ft surface area, 5,000 gallons capacity, and more than 24 inches deep require a building permit; smaller or shallower pools are exempt.
Culpeper County	Depends	150 sq ft	over 150 sq ft surface area or 24 inches or more in depth.
Fairfax County	Depends	150 sq ft	pool over 150 sq ft surface area, over 5000 gallons, or over 24 inches deep requires a building permit.
Fauquier County	Depends	150 sq ft	over 150 sq ft surface area or 5000 or more gallons or more than 24 inches in depth.
Henrico County	Depends	150 sq ft	pools, hot tubs, or spas with a surface area greater than 150 sq ft, more than 5,000 gallons, or 24 inches or more deep require a building permit; smaller and shallower pools are exempt.
Orange County	Depends	150 sq ft	pools over 150 sq ft of surface area or 24 inches or more in depth require a building permit; smaller, shallower pools are exempt.
Prince William County	Depends	150 sq ft	building permit required for pools with surface area over 150 sq ft or depth of 24 inches or more.
Stafford County	Depends	150 sq ft	building permit required if pool is 150 sq ft or larger or holds 5000 gallons or more or is over 24 inches deep.
Virginia Beach	Depends	24 inches	Permits are required for pools, hot tubs, and spas holding 24 inches or more of water; state code exempts only pools with a surface area of 150 square feet or less that are under 24 inches deep.
Loudoun County	Permit required		A building permit and zoning permit are required for all residential pools in Loudoun County.
Spotsylvania County	Permit required		A building permit is required for residential swimming pools in Spotsylvania County.

Bathroom Remodel

All 10 make the bathroom remodel answer turn on a size or scope condition the jurisdiction publishes.

Jurisdiction	Permit	What the rule says
Chesterfield County	Depends	Cosmetic and like-for-like work is exempt in Virginia; relocation work is not.
Culpeper County	Depends	Cosmetic and like-for-like work is exempt in Virginia; relocation work is not.
Fairfax County	Depends	Cosmetic and like-for-like work is exempt in Virginia; relocation work is not.
Fauquier County	Depends	Cosmetic and like-for-like work is exempt in Virginia; relocation work is not.
Henrico County	Depends	Cosmetic and like-for-like work is exempt in Virginia; relocation work is not.
Loudoun County	Depends	Cosmetic and like-for-like work is exempt in Virginia; relocation work is not.
Orange County	Depends	Cosmetic and like-for-like work is exempt in Virginia; relocation work is not.
Prince William County	Depends	Cosmetic and like-for-like work is exempt in Virginia; relocation work is not.
Spotsylvania County	Depends	Cosmetic and like-for-like work is exempt in Virginia; relocation work is not.
Stafford County	Depends	Cosmetic and like-for-like work is exempt in Virginia; relocation work is not.

Water Heater

All 10 make the water heater answer turn on a size or scope condition the jurisdiction publishes.

Jurisdiction	Permit	What the rule says
Chesterfield County	Depends	A gas or oil fired water heater replacement requires a permit in Virginia: USBC Section 108.1 requires a permit for work on water supply and distribution or fuel supply systems, and water heaters are not in the exemption list (a water heater is an appliance, not a plumbing fixture, so the fixture-replacement exemption does not apply).
Culpeper County	Depends	A gas or oil fired water heater replacement requires a permit in Virginia: USBC Section 108.1 requires a permit for work on water supply and distribution or fuel supply systems, and water heaters are not in the exemption list (a water heater is an appliance, not a plumbing fixture, so the fixture-replacement exemption does not apply).
Fairfax County	Depends	A gas or oil fired water heater replacement requires a permit in Virginia: USBC Section 108.1 requires a permit for work on water supply and distribution or fuel supply systems, and water heaters are not in the exemption list (a water heater is an appliance, not a plumbing fixture, so the fixture-replacement exemption does not apply).
Fauquier County	Depends	A gas or oil fired water heater replacement requires a permit in Virginia: USBC Section 108.1 requires a permit for work on water supply and distribution or fuel supply systems, and water heaters are not in the exemption list (a water heater is an appliance, not a plumbing fixture, so the fixture-replacement exemption does not apply).
Henrico County	Depends	A gas or oil fired water heater replacement requires a permit in Virginia: USBC Section 108.1 requires a permit for work on water supply and distribution or fuel supply systems, and water heaters are not in the exemption list (a water heater is an appliance, not a plumbing fixture, so the fixture-replacement exemption does not apply).
Loudoun County	Depends	A gas or oil fired water heater replacement requires a permit in Virginia: USBC Section 108.1 requires a permit for work on water supply and distribution or fuel supply systems, and water heaters are not in the exemption list (a water heater is an appliance, not a plumbing fixture, so the fixture-replacement exemption does not apply).
Orange County	Depends	A gas or oil fired water heater replacement requires a permit in Virginia: USBC Section 108.1 requires a permit for work on water supply and distribution or fuel supply systems, and water heaters are not in the exemption list (a water heater is an appliance, not a plumbing fixture, so the fixture-replacement exemption does not apply).
Prince William County	Depends	A gas or oil fired water heater replacement requires a permit in Virginia: USBC Section 108.1 requires a permit for work on water supply and distribution or fuel supply systems, and water heaters are not in the exemption list (a water heater is an appliance, not a plumbing fixture, so the fixture-replacement exemption does not apply).
Spotsylvania County	Depends	A gas or oil fired water heater replacement requires a permit in Virginia: USBC Section 108.1 requires a permit for work on water supply and distribution or fuel supply systems, and water heaters are not in the exemption list (a water heater is an appliance, not a plumbing fixture, so the fixture-replacement exemption does not apply).
Stafford County	Depends	A gas or oil fired water heater replacement requires a permit in Virginia: USBC Section 108.1 requires a permit for work on water supply and distribution or fuel supply systems, and water heaters are not in the exemption list (a water heater is an appliance, not a plumbing fixture, so the fixture-replacement exemption does not apply).

Electrical

3 of 12 make the electrical answer turn on a size or scope condition the jurisdiction publishes. 9 require a permit for electrical work regardless of size.

Jurisdiction	Permit	What the rule says
Culpeper County	Depends	Culpeper County requires a Residential Electrical permit for new circuits, service upgrades, and electrical additions.
Fauquier County	Depends	Fauquier County requires an electrical permit for new wiring, outlets, circuits, and lighting.
Prince William County	Depends	building permit required for new circuits or fixtures or receptacles; low-voltage wiring under 50 volts and replacement of existing fixtures in place are exempt.
Arlington County	Permit required	Like for like replacement of switches, receptacles, lighting fixtures and similar elements of the same type, size and location is exempt unless located in plenums or penetrating fire rated or smoke protected construction.
Chesterfield County	Permit required	An electrical permit is required in Chesterfield County for providing new electrical service or wiring, upgrading electrical service, adding a permanent backup generator, and installing or replacing wiring, panel boards, service equipment, or disconnecting means, per the county's own permit guidance.
Fairfax County	Permit required	An electrical permit is required in Fairfax County for new residential service, new electrical equipment and fixtures, replacement of electrical equipment or fixtures, and EV charging station circuits.
Henrico County	Permit required	An electrical permit is required in Henrico County for new wiring, service changes, and the initial installation or replacement of electrical fixtures and equipment such as lighting fixtures, hard-wired smoke alarms, and electric water heaters, dryers, or stoves, per the county's own Permit Center guidance.
Loudoun County	Permit required	An electrical permit is required in Loudoun County for new wiring, outlets, circuits, lighting, and panel upgrades.
Orange County	Permit required	An electrical permit is required in Orange County for residential wiring, service upgrades, and equipment installation under the Virginia Uniform Statewide Building Code.
Spotsylvania County	Permit required	An electrical permit is required for residential electrical work in Spotsylvania County.
Stafford County	Permit required	An electrical permit is required in Stafford County for residential wiring, service upgrades, and equipment installation under the Virginia Uniform Statewide Building Code.
Virginia Beach	Permit required	State code exempts like-for-like replacement of snap switches, dimmer and control switches, 125 volt 15 or 20 ampere receptacles, luminaires, and ceiling fans; other electrical work needs a permit.

HVAC

3 of 12 make the HVAC answer turn on a size or scope condition the jurisdiction publishes. 9 require a permit for HVAC work regardless of size.

Jurisdiction	Permit	What the rule says
Culpeper County	Depends	Culpeper County maintains a Residential Mechanical permit category for HVAC work.
Fauquier County	Depends	Fauquier County requires a mechanical permit for HVAC work including equipment replacement.
Prince William County	Depends	building permit required for gas or oil furnace replacements or any HVAC upgrade requiring system modifications; simple like-for-like replacements may be exempt.
Arlington County	Permit required	Replacement of mechanical equipment of the same type, size and location is exempt unless the equipment is fueled by gas, in which case a Plumbing/Gas Permit is required; outdoor equipment locations still need zoning approval.
Chesterfield County	Permit required	A mechanical permit is required in Chesterfield County for new HVAC installations and for replacing gas- or oil-fueled equipment, per the county's own permit guidance.
Fairfax County	Permit required	A mechanical permit is required in Fairfax County for all HVAC work including new installation, replacement, repair, or conversion of heating and cooling systems.
Henrico County	Permit required	A mechanical permit is required in Henrico County for new HVAC installations, including centralized air-conditioning systems and heat pumps, and for replacing gas- or oil-fueled equipment such as furnaces and water heaters, per the county's own Permit Center guidance.
Loudoun County	Permit required	A mechanical permit is required in Loudoun County for HVAC work, including equipment replacement and duct modifications.
Orange County	Permit required	A mechanical permit is required in Orange County for new HVAC installations and for replacing gas- or oil-fueled equipment.
Spotsylvania County	Permit required	A mechanical permit is required for residential HVAC work in Spotsylvania County.
Stafford County	Permit required	A mechanical permit is required in Stafford County for new HVAC installations and for replacing gas- or oil-fueled equipment.
Virginia Beach	Permit required	State code provides a narrow exemption for like-for-like replacement of certain mechanical appliances not fueled by gas or oil; other mechanical work needs a permit.

Plumbing

3 of 12 make the plumbing answer turn on a size or scope condition the jurisdiction publishes. 9 require a permit for plumbing work regardless of size.

Jurisdiction	Permit	What the rule says
Culpeper County	Depends	Culpeper County requires a Residential Plumbing permit for new plumbing work and any alterations to supply or distribution systems.
Fauquier County	Depends	Fauquier County requires a plumbing permit for adding or relocating plumbing fixtures and for new plumbing runs.
Prince William County	Depends	building permit required for alterations to supply or drain systems; like-for-like fixture replacement without altering systems is exempt.
Arlington County	Permit required	Replacement of fixtures, appliances or piping of the same type, size and location on equipment not fueled by gas is exempt; work on gas fueled equipment always requires a permit and inspections.
Chesterfield County	Permit required	A plumbing permit is required in Chesterfield County for installing any new piping or fixtures, replacing plumbing pipe such as water supply, sewer, well, septic, or drainage piping, and installing a lawn irrigation backflow prevention device, per the county's own permit guidance.
Fairfax County	Permit required	A plumbing permit is required in Fairfax County for new sewer or water connections, disconnections, and installing or replacing plumbing fixtures.
Henrico County	Permit required	A plumbing permit is required in Henrico County for the initial installation of plumbing fixtures such as sinks, toilets, showers, and sump pumps, and for any work that alters the water supply, distribution, sanitary drainage, or vent systems, per the county's own Permit Center guidance.
Loudoun County	Permit required	A plumbing permit is required in Loudoun County for adding or relocating plumbing fixtures such as bathrooms, sinks, and drains, and for any new plumbing runs.
Orange County	Permit required	A plumbing permit is required in Orange County for work that alters the water supply, sanitary drainage, or vent systems.
Spotsylvania County	Permit required	A plumbing permit is required for residential plumbing work in Spotsylvania County.
Stafford County	Permit required	A plumbing permit is required in Stafford County for work that alters the water supply, sanitary drainage, or vent systems.
Virginia Beach	Permit required	State code exempts replacement of plumbing fixtures and well pumps without alteration of the water supply and distribution systems; other plumbing work needs a permit.

Deck

1 of 12 makes the deck answer turn on a size or scope condition the jurisdiction publishes. 11 require a permit for deck work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Prince William County	Depends	16.5 inches	building permit required if deck floor is 16.5 inches or more above finished grade.
Arlington County	Permit required		No size exemption is published for decks; new decks and deck modifications are treated as additions requiring a Residential Building Permit.
Chesterfield County	Permit required		A building permit is required in Chesterfield County to build, replace, add to, or make structural repairs to a residential deck, whether attached to the main structure or not, per the county's own permit guidance.
Culpeper County	Permit required		Building and zoning permits are required for deck construction in Culpeper County.
Fairfax County	Permit required		A building permit is required for all residential deck construction and alterations in Fairfax County.
Fauquier County	Permit required		A building permit is required for deck construction in Fauquier County.
Henrico County	Permit required		A building permit is required in Henrico County to build a new deck on footings or posts, enclose an existing deck, or make structural repairs involving rails, structural members, or stairs, per the county's own Permit Center guidance.
Loudoun County	Permit required		A building permit and zoning permit are required for all deck construction in Loudoun County.
Orange County	Permit required		A building permit is required for residential deck construction in Orange County.
Spotsylvania County	Permit required		A building permit is required for residential decks and porches in Spotsylvania County.
Stafford County	Permit required		A building permit is required for decks and porches in Stafford County.
Virginia Beach	Permit required		No size or height exemption; the city states permits are required for construction of a new deck no matter the size or height.

If the work is already built

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.

Virginia penalties, the after-the-fact path, and what the statute actually says

The 150 answered rules come from 78 official sources, each linked from the permit page behind every jurisdiction name. See the full picture for the state on the Virginia permit requirements page, or the national view of which projects need a permit at all on Do you need a building permit?

This page compiles what each Virginia jurisdiction publishes, with a last checked date. It is not legal advice, and a project that is exempt from a building permit can still need zoning approval or a trade permit. Confirm with the office linked from the jurisdiction's page before you build.