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Montgomery County, VA Building Safety: Building Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Code adopted
Virginia Uniform Statewide Building Code
Adopting section
Sec 8-18
Fee authority
Board of Supervisors, Sec 8-20
Fee payment
Due before permit issuance/amendment
First-offense fine
Up to $2,500

Summary

Montgomery County has adopted the Virginia Uniform Statewide Building Code by reference, controlling permits for construction, alteration, removal and demolition countywide. No permit is issued or amended until the fee set by the Board of Supervisors is paid to the county treasurer.

These county ordinances apply to unincorporated areas of Montgomery County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Sec 8-18 State Building Code Adopted; ... Copies On File There is hereby adopted by reference the Virginia Uniform Statewide Building Code, as now or hereafter amended, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties. ... The provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the county. ... The board of supervisors may, by ordinance or resolution, establish and from time to time amend a schedule of fees for the issuance and amendment of permits required by the building code. No such permit, for which a fee has been so established, shall be issued or amended until such fee has been paid to the treasurer of the county ...

Full Breakdown

Sec 8-18 adopts the Virginia Uniform Statewide Building Code (VUSBC), as amended, by reference for construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, 'including permits and penalties,' with copies filed for public inspection at the clerk of the circuit court, the building official and the county administrator. The section makes the code 'controlling in the construction of all buildings and structures' in the county, except where the county's own chapter deletes, modifies or amends a portion of it.

Sec 8-20 gives the Board of Supervisors authority to set and amend, by ordinance or resolution, a schedule of permit fees, and bars issuance or amendment of a permit until the applicable fee is paid to the county treasurer, unless an interlocal agreement under Sec 8-19 routes the fee to another government or agency instead. Violating the building chapter, which includes failing to obtain a required permit, is punished under Sec 8-17 by a fine of up to $2,500 for a first offense, rising with repeat offenses to as much as ten days in jail and a $2,500 to $5,000 fine for a third or later offense on the same property within ten years.

Violations & Fines

Sec 8-17 punishes any failure to comply with the building chapter, which covers permitting, with a fine of up to $2,500 for a first offense. A second offense within five years of the first draws a fine of $1,000 to $2,500; a second offense five to ten years after the first draws $500 to $2,500. A third or later offense on the same property within ten years is punishable by up to ten days in jail plus a fine of $2,500 to $5,000, and no part of that fine may be suspended.

Frequently Asked Questions

What building code governs permits in Montgomery County, VA?
Sec 8-18 adopts the Virginia Uniform Statewide Building Code by reference, covering construction, alteration, removal, demolition, use and maintenance of buildings, including permits and penalties, and makes it controlling on all construction in the county.
When does the county issue a building permit?
Sec 8-20 requires payment of the fee set by the Board of Supervisors before a permit required by the building code is issued or amended; the fee must be paid to the county treasurer unless an interlocal agreement under Sec 8-19 directs it elsewhere.
What is the penalty for building without a permit in Montgomery County?
Sec 8-17 fines a first violation of the building chapter, which includes the permit requirement, up to $2,500, and repeat violations on the same property within ten years can bring up to ten days in jail plus a fine as high as $5,000.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

Compare Montgomery County to another location·View the Virginia building safety overview

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