                                 CODE OF VIRGINIA

EXEMPTIONS; FAILURE TO OBTAIN CERTIFICATE OF OCCUPANCY; PENALTIES (§ 54.1-1101)

A. The provisions of this chapter shall not apply to:

   1. Any governmental agency performing work with its own forces;

   2. Work bid upon or undertaken for the armed services of the United States
   under the Armed Services Procurement Act;

   3. Work bid upon or undertaken for the United States government on land under
   the exclusive jurisdiction of the federal government either by statute or deed
   of cession;

   4. Work bid upon or undertaken for the Department of Transportation on the
   construction, reconstruction, repair, or improvement of any highway or bridge;

   5. Any other persons who may be specifically excluded by other laws but only
   to such an extent as such laws provide;

   6. Any material supplier who renders advice concerning use of products sold
   and who does not provide construction or installation services;

   7. Any person who performs or supervises the construction, removal, repair, or
   improvement of no more than one primary residence owned by him and for his own
   use during any 24-month period;

   8. Any person who performs or supervises the construction, removal, repair, or
   improvement of a house upon his own real property as a bona fide gift to a
   member of his immediate family provided such member lives in the house. For
   purposes of this section, &#8220;immediate family&#8221; includes one&#8217;s
   mother, father, son, daughter, brother, sister, grandchild, grandparent,
   mother-in-law, and father-in-law;

   9. Any person who performs or supervises the repair or improvement of
   industrial or manufacturing facilities, or a commercial or retail building,
   for his own use;

   10. Any person who performs or supervises the repair or improvement of
   residential dwelling units owned by him that are subject to the Virginia
   Residential Landlord and Tenant Act (&#xA7; 55.1-1200 et seq.);

   11. Any owner-developer, provided that any third-party purchaser is made a
   third-party beneficiary to the contract between the owner-developer and a
   licensed contractor whereby the contractor&#8217;s obligation to perform the
   contract extends to both the owner-developer and the third party;

   12. Work undertaken by students as part of a career and technical education
   project as defined in &#xA7; 22.1-228 established by any school board in
   accordance with Article 5 (&#xA7; 22.1-228 et seq.) of Chapter 13 of Title
   22.1 for the construction of portable classrooms or single family homes;

   13. Any person who performs the removal of building detritus or provides
   janitorial, cleaning, or sanitizing services incidental to the construction,
   removal, repair, or improvement of real property;

   14. Any person who is performing work directly under the supervision of a
   licensed contractor and is (i) a student in good standing and enrolled in a
   public or private institution of higher education, (ii) a student enrolled in
   a career training or technical education program, or (iii) an apprentice as
   defined in &#xA7; 2.2-2043; and

   15. Work undertaken by a person providing construction, remodeling, repair,
   improvement, removal, or demolition valued at $25,000 or less per project on
   behalf of a properly licensed contractor, provided that such contractor holds
   a valid license in the (i) residential building, (ii) commercial building, or
   (iii) home improvement building contractor classification. However, any
   construction services that require an individual license or certification
   shall be rendered only by an individual licensed or certified in accordance
   with this chapter.
   				All other contractors performing work for any government or for any
   governmental agency are subject to the provisions of this chapter and are
   required to be licensed as provided herein.

B. Any person who is exempt from the provisions of this chapter as a result of
subdivision A 7, 10, 11, or 12 shall obtain a certificate of occupancy for any
building constructed, repaired or improved by him prior to conveying such
property to a third-party purchaser, unless such purchaser has acknowledged in
writing that no certificate of occupancy has been issued and that such purchaser
consents to acquire the property without a certificate of occupancy.

C. Any person who is exempt from the provisions of this chapter as a result of
subdivision 7, 8, 9, 10, 11, 12, or 14 of subsection A shall comply with the
provisions of the Uniform Statewide Building Code (&#xA7; 36-97 et seq.).

D. Any person who violates the provisions of subsection B or C shall be guilty
of a Class 1 misdemeanor. The third or any subsequent conviction of violating
subsection B or C during a 36-month period shall constitute a Class 6 felony.

HISTORY: Code 1950, § 54-141; 1970, c. 319; 1980, c. 634; 1988, c. 765; 1990,
c. 911; 1998, c. 754; 2003, c. 1025; 2004, c. 189; 2005, c. 348; 2007, c. 332;
2016, c. 527; 2017, cc. 132, 135; 2018, c. 767; 2022, c. 149; 2023, cc. 624,
625.