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Glossary: Permits and code

Building permit

Definition

A building permit is the written permission a county or city building official gives before construction starts, issued under the building code and carrying the inspections that go with it. It names a permit holder, and that name decides who the code calls and who has to call the code.

Which desk issues one, and under which instrument

Virginia runs a single building code for the whole state, and the office issuing a building permit under it is the county or city building official. The permit rules sit in the Virginia Administrative Code at 13VAC5-63, in the 2021 edition of the Uniform Statewide Building Code, which took effect January 18, 2024. Section 108.1 carries the requirement to apply, and everything a permit does downstream hangs off that application being made and approved first.

North Carolina puts the same instrument in a statute rather than in its code. Except where its own subsection (c) and one companion provision say otherwise, G.S. 160D-1110(a) forbids commencing construction, reconstruction, alteration, repair, movement to another site, removal or demolition of a building or structure without first securing every permit the North Carolina State Building Code and other State or local laws call for. Same instrument, drafted in a different place, and that matters when you go looking for the rule in writing.

Either way it is one office in one jurisdiction, and inside a town it may not be the county's office at all. What each county and town near us publishes about its own process sits on our Virginia permits page and the North Carolina one.

Two Virginia lists sit behind the phrase no permit needed

One list, Section 102.3, lifts things out of the building code altogether. Parking lots and sidewalks that are not on an accessible route are on it, and so are farm buildings. Work on that list is outside the code, not merely past the permit counter.

The other list, Section 108.2, is the one people usually mean. It excuses sixteen kinds of work from the permit application and the inspections tied to it, and its own opening sentence adds that being excused this way does not exempt the work from the rest of the code. No permit and no rules are two different things, and the code says so in the same breath it grants the relief.

Neither list names a driveway, a patio or an on-grade slab. The only thing that reaches them is the thirteenth item on the 108.2 list, which covers work the building official judges minor and ordinary, and only where public health and general safety are not adversely affected. Read the verb. That is a judgment made by one named person in one county, and it is not something you can settle at your own kitchen table, whether you are pouring a walk or a footing under a building.

North Carolina draws its line with a dollar figure instead

North Carolina hands its inspectors no equivalent judgment call. It uses a threshold. G.S. 160D-1110(c) excludes work costing $40,000 or less, done to the current edition of the North Carolina State Building Code, in a single-family residence, farm building or commercial building, unless the job hits one of six listed triggers. First on that list of six is adding, repairing or replacing load-bearing structures. The same figure appears again in the building code statute itself at G.S. 143-138(b5). Read where that exclusion is aimed, though. Every word of it is about work in a building, so a driveway or a patio standing on its own ground is not squarely inside it either way, and the statute never names one.

That figure belongs to the statute and not to us, and it was a lower number before October 1, 2023, so an older article about North Carolina permits may still be quoting the one it replaced.

A further subsection catches concrete work in particular. Under G.S. 160D-1110(e) no building permit issues for a land-disturbing activity as defined in G.S. 113A-52 until an erosion and sedimentation control plan has been approved. Concrete work moves dirt. On a job big enough to cross that line, the plan comes before the permit rather than after it.

The name on the application is a job, not a formality

Virginia's code hangs the duty on the permit holder. Not on the contractor by trade, not on the owner by title. Section 113.1.2 runs two lines and puts the call to the building official on whoever holds the permit, and Section 113.1.1 puts the ladder, the scaffolding and any test equipment on that same person.

So whoever goes on the application is the one the county rings and the one who has to ring the county. If a general contractor applied, the duty is the general contractor's. On a garage a homeowner permitted in their own name, it is the homeowner's. Settle it before the concrete is ordered rather than on the morning of the pour, and tell us who it is when we come out to measure for a written estimate.

A permit also has a shelf life. Section 110.6 lets a building official revoke one where work has not started within six months of issue, or has been suspended or abandoned for six months. The applicant can answer that either by showing an approved inspection inside a six month period or by other evidence that substantial work has been done, and the official may grant one or more extensions of up to a year each on written request. If the job is going to sit over a winter, that belongs in a conversation at the desk rather than in a surprise come spring.

Good questions

Is a building permit the same thing as a zoning permit?

No. Two offices, two questions, and around here plenty of jobs need one and not the other. A building permit is about how the work gets built and who inspects it. A zoning permit is about whether the thing is allowed on that piece of ground in the first place. The zoning permit entry covers that side.

Who pulls the permit on a concrete job, you or me?

Whoever is named on it, and that gets decided before the job is booked rather than assumed afterward. Virginia's code does not assign the duty by trade, it assigns it to the permit holder, so the answer follows the paperwork rather than the work boots. Tell us at the estimate who is applying and we will work to that.

Does the permit cover the driveway apron out at the road?

Not by itself. Where a drive meets a state maintained road you are dealing with a state transportation department, and that is a separate permission from a separate agency with its own application. A county building permit does not speak for them and they do not speak for the county.

Is there a permit standing in front of your pour?

Ring 276-733-3750 with the county and the job. We will name the office that issues one where you are, and price the concrete in writing whether a permit turns out to be needed or not.

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