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Virginia Building Codes, Permits and Contractor Rules

Here’s every rule from our 50-state guides for Virginia on one page: the residential building code, frost depth, retaining wall permits, the 811 dig law, drainage law, contractor licensing, deposit limits, mechanics lien deadlines, workers’ comp, planting zones and frost dates. Each section links the official source and the full 50-state comparison.

Virginia at a glance

Building code: 2021 IRC (statewide)
Frost depth: Set locally; often 12 in.
811 notice: Operators must mark by 7:00 a.m. on the 3rd working day after the locate request; Virginia 811 says contact it at least 3 working days before excavation
Contractors: State license required
Deposits: No statewide cap
Liens: 90 days after end of month of last work
Workers’ comp: 3+ (subs' workers can count)
Drainage rule: Modified common enemy
Planting zones: 5b to 8b

Topic	Virginia	Compare
Residential building code	2021 IRC (statewide)	All states
Frost line depth	Set locally; often 12 in.	All states
Retaining wall permit	Exempt if supporting less than 3 ft of unbalanced fill and not built to impound Class I, II or III-A liquids or to support a surcharge other than ordinary…	All states
811 notice before digging	Operators must mark by 7:00 a.m. on the 3rd working day after the locate request; Virginia 811 says contact it at least 3 working days before excavation	All states
Contractor license	State license required	All states
Deposit limit	No statewide cap	All states
Right to cancel	3 business days, sales made at home	All states
Lien filing deadline	90 days after end of month of last work	All states
Workers’ comp required	3+ (subs' workers can count)	All states
Drainage between neighbors	Modified common enemy	All states
Planting zones (2023 USDA)	5b to 8b	All states
Frost dates (NOAA)	Last frost mid-Mar (Norfolk) to late Apr (Blacksburg); first frost mid-Oct (Blacksburg) to late Nov (Norfolk)	All states

Summary for Virginia. Details, exceptions and official sources are in each section below.

Virginia residential building code

Code: 2021 Virginia Residential Code (2021 International Residential Code with Virginia amendments, part of the 2021 Uniform Statewide Building Code)
How it applies: Statewide, mandatory everywhere
In effect since: January 18, 2024
Code agency: Virginia Department of Housing and Community Development (Board of Housing and Community Development)
Who enforces it: Enforced by county and city building departments. The USBC supersedes local building codes, so localities cannot adopt their own.
Good to know: Virginia uses one statewide code, based on the 2021 IRC, and localities can't adopt their own. A 2024-based update is in development, so ask your building department which edition applies.

Compare building codes in all 50 states

Frost line depth in Virginia

Who sets it: Local building department
Local examples: Prince William County: 24 in.
City of Charlottesville: 18 in.
City of Newport News: 12 in.
Typical range: 12 in. in Hampton Roads (Newport News) to 24 in. in Northern Virginia (Prince William)
Good to know: Virginia's western mountain counties aren't listed, so check with your county building department.

Frost line depth in every state

Retaining wall permits in Virginia

Permit exemption: Exempt if supporting less than 3 ft of unbalanced fill and not built to impound Class I, II or III-A liquids or to support a surcharge other than ordinary unbalanced fill (USBC §108.2, item 7; 13VAC5-63-80).
Who decides: Your county or city building department enforces the USBC.
Good to know: Virginia is stricter than the model code: the limit is 3 ft of unbalanced fill, not 4 ft measured from the footing.

Retaining wall permit rules in every state

811 dig law in Virginia

One-call center: Virginia 811 (VA811)
Notice before digging: Operators must mark by 7:00 a.m. on the 3rd working day after the locate request; Virginia 811 says contact it at least 3 working days before excavation
Ticket good for: 15 working days from 7:00 a.m. the next working day after the request (or from the scheduled excavation date, if later)
Hand-dig zone: 2 ft (24 in.) on either side of the staked or marked location
Homeowners: The law exempts 'any hand digging performed by an owner or occupant of a property' (Va. Code § 56-265.15:1), with no conditions attached; agricultural tilling is also exempt. Virginia 811's homeowner FAQ still says, 'You must contact Virginia 811 for all digging projects.' Any digging with machinery by a homeowner requires a ticket.
The law: Va. Code Ann. § 56-265.14 et seq. (Underground Utility Damage Prevention Act); exemptions at § 56-265.15:1
Good to know: Request a re-mark 3 working days before your ticket expires.

811 dig laws in every state

Drainage law and stormwater permits in Virginia

Rule: Modified common enemy
The rule: Modified common enemy: surface water is a common enemy each landowner may fight off as best he can, provided he does so reasonably and in good faith and not wantonly, unnecessarily or carelessly; no one may injure another by interfering with water in a natural channel or watercourse.
Leading case: Collett v. Cordovana. Va. S. Ct. Record No. 141297 (June 4, 2015); quoting Mullins v. Greer, 226 Va. 587, 311 S.E.2d 110 (1984) and McCauley v. Phillips, 216 Va. 450, 219 S.E.2d 854 (1975)
What it means for your yard: You can regrade or build to keep water off your property, but you must act reasonably and in good faith, not carelessly or unnecessarily, and you can't interfere with water in a natural channel to a neighbor's harm.
Construction stormwater permit: Virginia Department of Environmental Quality (DEQ); localities run most Virginia Erosion and Stormwater Management Programs (VESMPs) and erosion control programs: 1 acre or more (or less if part of a larger common plan that will disturb 1 acre or more): Virginia construction general permit (2024 general VPDES permit, July 1, 2024 to June 30, 2029)
State rules below 1 acre: Erosion control and water quantity criteria apply to land disturbance of 10,000 sq ft or more, or 2,500 sq ft or more in Chesapeake Bay Preservation Areas (other than single-family detached homes, which localities may also regulate); localities may set lower thresholds (Va. Code 62.1-44.15:34(E))
Local rules: Virginia counties, cities and towns administer land-disturbance permits and often set thresholds below the state's 10,000 sq ft.
Good to know: Virginia lets landowners fend off surface water if they act reasonably and in good faith, but not by interfering with water in a natural channel to a neighbor's harm. Disturbing 10,000 sq ft or more (2,500 sq ft in Chesapeake Bay Preservation Areas) triggers erosion control requirements, and many localities set lower limits.

Drainage laws in every state

Contractor licensing in Virginia

Statewide rule: License
Agency: Virginia DPOR Board for Contractors
Who needs it: Contractors need a Class A, B or C license based on single-job and annual volume; Class C starts at jobs over $1,000.
When it applies: Jobs over $1,000 (Class C over $1,000 to under $30,000; Class B $30,000 to under $150,000; Class A $150,000+)
Check a contractor: Official lookup
Good to know: License classes are set in Va. Code 54.1-1100, and the Recovery Fund in 54.1-1123.

Contractor license requirements in every state

Contractor deposits and your right to cancel in Virginia

Deposit limit: No statewide cap. The residential contract must state the exact down payment amount and the progress payment schedule (18VAC50-22-260(B)(9)).
Right to cancel: Home solicitation sales: may cancel until midnight of the third business day after signing (Va. Code § 59.1-21.3). No cancel right for a signed, dated emergency request where the seller has substantially begun.
Written contract: Licensed contractors must use a written contract for residential work, signed before work starts or payment is accepted, that includes start and estimated completion dates, total cost (or the cost-plus or time-and-materials basis with a cap), the down payment and progress payment schedule, the materials and work requested, a delay clause, permit compliance, each party's cancellation rights, the consumer's signed acknowledgment of the DPOR consumer protection statement, the contractor's license number and class, a signed-change-order requirement, and a notice about the Virginia Contractor Transaction Recovery Fund (18VAC50-22-260(B)(8)–(10)).
Other protections: Virginia Contractor Transaction Recovery Fund for consumers harmed by licensed contractors (notice required in every residential contract, 18VAC50-22-260(B)(9)(k)).
The law: Va. Code §§ 59.1-21.1 to 59.1-21.7 (Home Solicitation Sales Act); 18VAC50-22-260 (Board for Contractors standards of conduct)
Good to know: Virginia doesn't cap deposits, but a licensed contractor can't take any payment before both of you sign a written contract that spells out the down payment and payment schedule.

Contractor deposit limits in every state

Mechanics lien deadlines in Virginia

Lien deadline (prime): Record a memorandum of lien no later than 90 days after the last day of the month in which the claimant last furnished labor or materials, and no later than 90 days after the building is completed. It can't include sums for work more than 150 days before the last day of work (retainage up to 10% excepted). General contractors also file a certification that a copy was mailed to the owner (Va. Code § 43-4).
Lien deadline (sub/supplier): Same deadlines (Va. Code §§ 43-4, 43-7, 43-9); a sub's lien can't exceed what the owner owes the general contractor (§ 43-7).
Preliminary notice (sub/supplier): Where the building permit for a one- or two-family home names a lien agent, subs and suppliers must notify the lien agent within 30 days after first furnishing (or after the permit issues); late notice limits the lien to work after the notice (Va. Code § 43-4.01). Subs must also give the owner written notice of the amount and character of the claim (Va. Code §§ 43-7, 43-9).
Notice of intent: Not required.
Enforce within: Suit within 6 months after recording the memorandum or 60 days after the building is completed or work terminated, whichever is later (Va. Code § 43-17).
Homeowner rules: A sub's lien is capped at what the owner owes the general contractor when notified (Va. Code § 43-7). Sellers of one- or two-family homes must give the buyer an affidavit at settlement that contractors in privity have been paid or listing amounts owed (§§ 43-13.2, 43-13.3).
The law: Va. Code Title 43, Ch. 1 (Mechanics' and Certain Other Liens), § 43-1 et seq.
Good to know: Virginia's lien deadline is 90 days after the end of the month you last worked, but never more than 90 days after the house is finished. On one- or two-family homes, check the building permit for a lien agent and notify it within 30 days of starting.

Mechanics lien deadlines in every state

Workers' comp requirements in Virginia

Who must carry it: Businesses with more than two (3 or more) part- or full-time employees regularly in service must carry coverage. Executive officers count, and employees of subcontractors count when you hire subs in your own trade or to fulfill a contract (Va. Code § 65.2-101; Virginia WCC Employer FAQ, rev. 02/25). No separate construction threshold.
Owners and officers: Sole proprietors with no employees or subs need not carry coverage. Corporate officers and LLC managers are employees even without salary, and may reject coverage only if the business has a policy and they file a Rejection of Coverage form. A single-member LLC member isn't covered unless they elect it with the insurer (Virginia WCC Employer FAQ).
Subcontractors: An owner who subcontracts work that is part of its own trade or business is liable to the sub's workers as if it employed them directly; a contractor doing work for someone else (outside that person's trade) who subcontracts is liable the same way, and liability carries down through further subcontracts (Va. Code § 65.2-302(A)-(C)).
Homeowners: Owner liability under § 65.2-302(A) applies only when the work is part of the owner's own trade or business; when a homeowner hires a contractor, the contractor who subcontracts is the one liable for its subs' workers (§ 65.2-302(B)).
Penalties: Civil penalty of up to $250 per day of noncompliance, capped at $50,000, plus collection costs (Va. Code § 65.2-805; Virginia WCC Employer FAQ).
The law: Va. Code Title 65.2; §§ 65.2-101, 65.2-302, 65.2-805
State agency: Virginia Workers' Compensation Commission
Good to know: Virginia requires coverage at 3 employees, and your subcontractors' workers can count toward that if they do your kind of work. Penalties run up to $250 a day, capped at $50,000.

Workers' comp requirements in every state

Planting zones in Virginia

2023 USDA zones: 5b to 8b
Coldest-night range: −15°F to 20°F
Warmest area: Hampton Roads
Example cities: Richmond: 7b, Virginia Beach: 8b, Norfolk: 8b, Roanoke: 7b
Good to know: Central Virginia moved from 7a to 7b on the 2023 map, and nearly every Hampton Roads city went from 8a to 8b.

Planting zones in every state

Frost dates in Virginia

Station	Last spring frost	First fall frost	Frost-free days
Norfolk Hampton Roads coast	March 17	November 23	252
Richmond Central Virginia	April 3	November 4	215
Roanoke Blue Ridge / Roanoke Valley	April 3	November 1	210
Blacksburg Southwest Virginia highlands	April 24	October 19	175

Typical range: Last frost mid-Mar (Norfolk) to late Apr (Blacksburg); first frost mid-Oct (Blacksburg) to late Nov (Norfolk)
Good to know: These are typical (50%) dates from NOAA's 1991–2020 climate normals, so about half of years still bring a 32°F night after the listed spring date. In Virginia, the last spring frost at the stations listed ranges from mid-March around Norfolk to late April around Blacksburg.
Local frost or planting guide: Virginia Cooperative Extension

Frost dates in every state

Frequently Asked Questions

What building code does Virginia use?

2021 Virginia Residential Code (2021 International Residential Code with Virginia amendments, part of the 2021 Uniform Statewide Building Code). It applies as follows: statewide, mandatory everywhere. Your local building department can confirm the edition and amendments for your address.

How deep is the frost line in Virginia?

Frost depth is set by local building departments. Typical local values: 12 in. in Hampton Roads (Newport News) to 24 in. in Northern Virginia (Prince William). Footings for houses, additions and attached decks go below it.

How much can a contractor ask for up front in Virginia?

No statewide cap. The residential contract must state the exact down payment amount and the progress payment schedule (18VAC50-22-260(B)(9)). Cancel rights: Home solicitation sales: may cancel until midnight of the third business day after signing (Va. Code § 59.1-21.3). No cancel right for a signed, dated emergency request where the seller has substantially begun.

How long does a contractor have to file a mechanics lien in Virginia?

Record a memorandum of lien no later than 90 days after the last day of the month in which the claimant last furnished labor or materials, and no later than 90 days after the building is completed. It can’t include sums for work more than 150 days before the last day of work (retainage up to 10% excepted). General contractors also file a certification that a copy was mailed to the owner (Va. Code § 43-4). Subcontractors and suppliers may have different notice rules; see the section above.

What planting zone is Virginia?

On the 2023 USDA map, Virginia runs from zone 5b to 8b. Examples: Richmond 7b, Virginia Beach 8b, Norfolk 8b. Enter your ZIP on the USDA map for your exact zone.

Do contractors need workers' comp in Virginia?

Businesses with more than two (3 or more) part- or full-time employees regularly in service must carry coverage. Executive officers count, and employees of subcontractors count when you hire subs in your own trade or to fulfill a contract (Va. Code § 65.2-101; Virginia WCC Employer FAQ, rev. 02/25). No separate construction threshold. Owner exemptions and subcontractor rules are in the workers’ comp section above.

When is the last frost in Virginia?

At the NOAA stations we list: Last frost mid-Mar (Norfolk) to late Apr (Blacksburg); first frost mid-Oct (Blacksburg) to late Nov (Norfolk). These are typical (50%) dates from the 1991–2020 climate normals, so about half of years still bring a 32°F night after the spring date.

This page is general information, not legal or tax advice. Rules change; the agencies and statutes linked above have the final word.

Virginia in each 50-state guide: Frost line depth · 811 dig laws · Retaining wall permits · Contractor licensing · Contractor deposit limits · Building codes · Planting zones · Mechanics lien deadlines · Workers' comp · Frost dates · Drainage laws · Noxious weed laws · Rainfall and snowfall · Landscaper pay · Pesticide applicator licensing · Landscaping sales tax · All state guides

Soil: Virginia’s most common soils, state soil, and how much ground is wet, clayey or shallow to bedrock by county. Virginia soil types

Last checked October 31 and November 1, 2026 against official state and local sources for this state. Rules change; your state agency or local building department has the final word. Spot something out of date? Email info@muthlerlandscaping.com and we’ll fix it.

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