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Correcting and Resolving Unpermitted Work
After you become aware of or receive notification about regulated construction improvements being present on your property that have not received required inspections and approvals, what should you do and where do you begin?
Virginia's Uniform Statewide Building Code requires verification that construction methods and materials are suitable and achieve minimum safety standards. We can and will help you achieve your goal of ensuring safe and proper improvements on your property. Use the steps outlined below as the corrective process to work towards compliance. The inspector(s) assigned to your case will be a great resource for explaining the details involved with each step.
Use the links provided below as a resource. They will assist you in understanding the process and connect you with resources. So begin here and contact us anytime during the process for further guidance:
- Read the violation notice carefully.
- Determine from which office the notice was sent. Contact either Property Code Enforcement or Building Code Enforcement and then contact the issuing inspector with questions regarding the notice. All of this information can be found on the violation notice.
- Obtain Zoning approval, when necessary. Call 703-792-6830 with questions.
- Obtain Environmental Services approval for structures located within the Resource Protection Area (RPA), when necessary. Call 703-792-7070 with questions.
- Obtain Health Department approval (well and septic systems), when necessary. Call 703-792-6310 ext.2 with questions.
- Obtain Land Development approval (commercial sites), when necessary. Call 703-792-6830 with questions.
- Obtain Fire Marshal approval, when necessary. Call 703-792-6360 with questions.
- Submit building plans to the Building Development Division Building Plans Intake Section for review and approval, when necessary. Call 703-792-4040 with questions.
- Obtain appropriate permits (building, electrical, plumbing, etc.), when necessary. Call 703-792-6930 with questions.
- Schedule appropriate inspections and obtain an approved final inspection. Call 703-792-7006 with questions.
- Code cases are closed after appropriate permits are issued, final inspection is approved, removal of structure in question, etc. (compliance is based upon the violation issued).
Frequently Asked Questions (FAQs):
Expand all- When do I need a permit? My contractor told me that I didn't need one.
Permits are required for work to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system. If you are unsure whether a permit is required, visit Do I Need a Permit for more information.
- Once a permit is issued, will it be inspected under the current code or the code from when the work was originally performed?
All issued permits are assigned a code year. Work is inspected in accordance with the code in effect at the time of permit issuance. Unpermitted work is considered new work and must comply with the code in effect at the time of permit issuance.
- The building code violation existed before I bought the property. Why am I responsible for correcting the building code violation?
If you purchase property where building code violations exists, you become legally responsible for correcting whatever the building code deficiency is as the new owner. You are also obligated to comply with current building code standards for deficient construction as well. It is important to research the status of construction related improvements prior to purchasing properties in order to avoid this dilemma and associated costs of correcting work completed without proper permits and/or non-code compliant regulated construction.
In addition, in order to assure the property being purchased is in compliance with zoning regulations do your research. Start by asking the seller for a copy of the property's house location survey plat showing and accounting for all improvements located on the land. Also ask to see zoning approvals for each improvement. Zoning staff can assist you if you have questions or are not sure about a specific issue.
You as the new owner are encouraged to receive zoning approvals for any and all improvements on your property, even if the improvement is properly located and approvable as is on your newly purchased property.
- Who is responsible for discovering potential code violations before I purchase a new property?
Before purchasing a new property do your research. Realtors may conduct the research, but potential purchasers are encouraged to do their own research as well. You may use the Development Services ePortal or call Prince William County at 703-792-6930 as a starting point.
- I have paid taxes on this for years. Doesn't that make it okay?
There are circumstances where the Zoning Ordinance (land use approval) may authorize a lawful non-conforming use/structure approval. However, this non-conforming land use approval does not extend to the building code or use. Please contact the local Zoning Administrator/Department for more information on land use approvals. Call 703-792-6830 with questions. If requesting verification of years taxed, please contact Real Estate Assessments.
- I was told that the violation in question is grandfathered?
The building code makes no reference to "grandfathering" of unpermitted work.
- I disagree that my property has a violation. Can I appeal the violation being issued to me?
You have the right to appeal any issued violation. A written request for appeal shall be submitted to the Local Board of Building Code Appeals within 15/30 calendar days of receipt of such notice. Appeal text is required to be present on notices being issued.
- I didn't do the work or cause this problem. Why must I pay fees?
Fees are required in accordance with the adopted Fee Schedule.
- I have noticed possible violations on other properties, why aren't you investigating them?
It is possible that code enforcement actions are already underway.
- My contractor was supposed to obtain a permit. How do I proceed?
Either an owner or contractor may obtain all appropriate permits for a project. For a violation notice to be issued to the contractor the owner will need to supply a copy of the contract, a receipt showing payment, or something that shows who performed the work. Once supplied it will be evaluated and if confirmed, a violation notice will be sent to the contractor as well as the owner.
- I am unhappy with the work my contractor performed. What do I do?
Complaints regarding work performed by a contractor would need to be reported to DPOR. DPOR regulates contractors and their licensing requirements. To report a contractor, visit File A Complaint.
- I do not have a copy of my plat (aka house location survey). Where can I get one?
The county does not issue new plats (aka house location surveys) for individual properties. The county may however have a previous copy of a plat if a zoning approval was ever issued for the property. You may call Zoning at 703-792-6830 for more information.