Building Code & Property Maintenance Appeals

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Building code and property maintenance appeals can be filed for two reasons:

  • To appeal a decision of the building official or property maintenance official concerning the application of the Virginia Uniform Statewide Building Code (VUSBC) to a building or structure, or
  • To appeal a refusal by the building official or property maintenance official to grant a modification to the provisions of the VUSBC pertaining to a building or structure.

An appeal may be filed by the owner of the building or structure; the owner’s agent; any person involved in the design, construction, or maintenance of the building or structure; or any other person aggrieved by the decision or refusal of the building official or property maintenance official.

A violation notice will indicate whether to file an appeal with the Local Board of Building Code Appeals (LBBCA)—for a decision concerning the application of the VUSBC—or the Virginia Maintenance Code (VMC), as well as the window of time for filing. Not submitting an appeal by the time limits below indicates acceptance of the official’s decision.

Appeal Information for:

VUSBC

  • Part I of the VUSBC violations or modifications
  • File within 30 calendar days of receipt of the decision being appealed and payment of filing fee

VMC

  • Part III of the VUSBC violations or modifications
  • File within 14 calendar days of receipt of the decision being appealed and payment of filing fee

LBBCA

The LBBCA hears and decides appeals of orders, decisions, and determinations made by code officials relative to the applications and interpretations of various technical codes. The LBBCA consists of six (6) members appointed by the County Board. All hearings are open meetings, and the appellant, the appellant’s representative, the locality’s representative, and any person whose interests are affected by the building official’s decision have an opportunity to be heard. The chairperson has the power and duty to direct the hearing, rule upon the acceptance of evidence, and oversee the record of all proceedings.

The LBBCA has the power to uphold, reverse, or modify the decision of the official by a concurring vote of a majority of those present. Decisions shall be final if no further appeal is made. Decisions are made by resolution signed by the chairperson and retained as part of the record of the appeal. Copies of the resolution will be sent to all parties by certified mail.

LBBCA Secretary703-228-3356

Submission Requirements

You must complete a Code Appeal application in Permit Arlington. Click “Create” and select “Building Application.”

Review Permit Arlington online submission guidelines, which include document sizing and layout, recommended file naming conventions, and file type requirements.

With your application you are required to upload:

  • A copy of the building official or property maintenance official’s decision, or a copy of the violation notice
  • Written narratives that describe the applicant’s understanding of the code requirements; the desired remedy, alternate outcome, or relief sought; and a brief description of any additional details about the basis for the appeal
  • Any other supporting documents

Submit the filing fee with the application.

Application Process

Completeness check

  • Applications will be checked for completeness within two (2) business days.
  • You will receive an email with further instruction if your application is incomplete.
  • If no additional information is required, you will receive an email that the application has been accepted for review.

Review

  • A member of the Inspection Services Division will contact the applicant within five (5) business days of acceptance of the application with next steps.
  • A written notice of the date, time, and place of the hearing will be sent to the parties at the addresses listed on the application at least 14 calendar days prior to the scheduled hearing date.

Final processing

  • A written copy of the final decision will be sent to all parties by certified mail in two (2) business days after the hearing.
  • A final determination by the LBBCA may be further appealed to the State Review Board within 21 calendar days of the receipt of the decision by certified mail.

Fees

Fee schedules provide the range of fees charged for each type of application or activity related to land development in Arlington. Fees cover permitting, plan review, enforcement, inspection, service delivery, performance agreements, and conditions. There are separate fee schedules for the Inspection Services Division (ISD), Zoning, and the Department of Environmental Services (DES). Some permits involve fees from more than one schedule.