Virginia Owner Builder Exemption: The 24 Month Rule

Virginia lets an owner build or improve one primary residence for personal use without a contractor license, but the exemption is narrower than most homeowners assume. The law counts one primary residence per 24 months, it expects a certificate of occupancy before you convey the property, and your county will ask for a sworn statement before it issues a permit. This guide explains the owner exemptions in Va. Code 54.1-1101, what a county owner affidavit asks you to swear, and where the exemption stops.

At a glance Va. Code 54.1-1101(A)(7) exempts work on no more than one primary residence owned by the person and for their own use during any 24-month period. A house built on your own land as a bona fide gift to an immediate family member who lives in it has its own exemption. Before you convey an owner-built property to a third-party purchaser, you must obtain a certificate of occupancy unless the buyer acknowledges in writing that none was issued. Va. Code 54.1-1111 requires proof of licensure or a sworn statement that you are not subject to licensure before a permit issues. Violating the certificate of occupancy or building code duties is a Class 1 misdemeanor, and a third conviction within 36 months is a Class 6 felony.

For the license classes, dollar thresholds and application steps, see our Virginia contractor license guide. This page covers only the owner-builder path.

What Va. Code 54.1-1101 exempts

Section 54.1-1101 opens with a simple sentence: the contractor licensing chapter does not apply to the people and projects it lists. Several of those entries involve owners, and each one carries its own condition.

Most homeowners rely on subdivision 7. The statute speaks of a person who performs or supervises the work, so an owner can do the work personally or supervise it. The exemption does not say the owner may hire an unlicensed contractor to build the house.

The 24-month rule for a primary residence

The key phrase is "no more than one primary residence" during "any 24-month period." The statute does not define the period with a start date, so the safe reading is that any two projects that fall inside the same 24 months count against you. An owner who finishes a house and starts a second one a year later is testing the limit.

Three details are worth separating.

1. Primary residence. The exemption is written for a home that the owner uses as a primary residence, not a vacation property or an investment house.
2. Owned by him and for his own use. Both words matter. The owner must hold title, and the home must be for the owner's own use.
3. Performs or supervises. The owner can do the work or supervise it, which is not the same as handing the whole job to someone else.

The family gift exemption

Subdivision 8 covers a different situation. A person may build or improve a house on their own real property as a bona fide gift to a member of their immediate family, provided that family member lives in the house. The Prince William County affidavit lists the family members it counts: parents, children, siblings, grandparents, grandchildren, and in-laws such as a mother-in-law or father-in-law. A house built for a family member who then sells it, or who never lives there, does not fit the wording.

What a county owner affidavit asks you to swear

Virginia localities enforce the exemption at the permit counter. Va. Code 54.1-1111 says that before a permit issues, the applicant must either show proof of contractor licensure or file a sworn statement that they are not subject to licensure. The applicant must also show that county, city or town taxes and license fees are paid.

The Prince William County Affidavit of Owner is a clear example of how counties apply this. The owner checks the exemption that fits, signs before a notary, and affirms several points.

1. The owner has read Va. Code 54.1-1111 and understands it.
2. The owner is not subject to contractor licensure for the project.
3. The owner will be solely responsible for all construction on the property under the permit.
4. Anyone the owner hires must comply with state and local contractor licensing laws.

Other Virginia localities use their own forms, so wording and checkboxes differ. Ask your building department for its current form and read it before the notary does.

Certificate of occupancy and the building code

Exempt does not mean unregulated. Subsection B of 54.1-1101 requires an exempt owner to obtain a certificate of occupancy for a building they constructed, repaired or improved before conveying it to a third-party purchaser. The one exception is when the purchaser acknowledges in writing that no certificate was issued. Subsection C requires exempt owners to comply with the Uniform Statewide Building Code.

Subsection D sets the consequences. A person who violates subsection B or C is guilty of a Class 1 misdemeanor, and a third or later conviction within a 36-month period is a Class 6 felony. These penalties attach to the certificate of occupancy and building code duties. They are separate from whatever Virginia imposes for contracting without a license, which our state page covers.

What the owner-builder exemption does not cover

1. A second home inside 24 months. The wording is one primary residence per 24-month period.
2. Hiring an unlicensed builder. The county affidavit tells you that anyone you hire must comply with licensing law, and the owner stays responsible for construction.
3. Building for other people. Work for a client is contracting, and a contractor license is needed once the work crosses the state's thresholds.
4. Skipping the building code. Permits, inspections and the Uniform Statewide Building Code still apply.
5. The licensed trades. Electrical, plumbing and HVAC work have their own rules. Read our guides to electrician licensing in Virginia, plumbing licensing in Virginia and HVAC licensing in Virginia before you do any of that work yourself.

A practical checklist for Virginia owner-builders

1. Confirm you hold title and that the home will be your primary residence.
2. Count any other home you have built or substantially improved in the past 24 months.
3. Ask your local building department for its owner affidavit and the permit steps.
4. Decide who will actually run the job. If it is you, plan your days around it. If it is someone else, that person needs the right license.
5. Verify the license of every contractor or trade you hire before you pay.
6. Plan for the certificate of occupancy, and keep the paperwork if you ever sell.
7. Talk to a Virginia attorney before you sell soon after completion, so the written acknowledgment and disclosures are handled correctly.

Mistakes that cost owners the exemption

The first is stacking projects. An owner builds a house for the family, then starts a second one the following year with the plan to sell. The 24-month sentence in the statute is written to stop that pattern.

The second is the quiet builder. An owner signs the affidavit, then lets an unlicensed friend direct the crews. The county form says the owner is solely responsible for construction and that anyone hired must comply with licensing law, so a hidden manager puts both the permit and the owner at risk.

The third is ignoring the certificate of occupancy. A buyer, lender or insurer may ask for it, and a sale without it carries the written acknowledgment requirement in subsection B.

When the owner-builder path ends

The exemption fits a home you will use, not a business that builds for the public. A company that takes paying customers in Virginia needs a license, and the license rests on a qualified individual. Our guide to the Virginia designated employee rule explains how that works.

A qualifying agent QUALIFIES a company. The qualifier meets the state's experience and exam standards, and a qualifier placed through The Licensing Company is a full-time W-2 employee of the company they qualify.

If you are moving from your own projects to a contracting business, start with what a qualifying agent is, then look at how to hire a qualifying agent or review the consultation packages. If you already hold a Virginia license and want to qualify companies, see how to become a qualifying agent. Our founders, Marshall Schofield and Jeremiah Jaskulski, have placed qualifiers with contractors nationwide.

For a comparison with other states, read our guides to the Georgia owner-builder exemption, the Florida owner-builder exemption, the Washington owner-builder exemption and the California owner-builder exemption.

Frequently asked questions

Can I build my own house in Virginia without a contractor license? Yes, under Va. Code 54.1-1101(A)(7), if the house is a primary residence owned by you and for your own use, and you build or supervise no more than one such residence in any 24-month period.

Can I build a house for my child without a license? Subdivision 8 exempts a house you build on your own real property as a bona fide gift to an immediate family member who lives in it.

Do I need a certificate of occupancy if I sell? Subsection B requires an exempt owner to obtain one before conveying the property to a third-party purchaser, unless the purchaser acknowledges in writing that none was issued.

What does the county make me sign? Counties use a sworn owner affidavit tied to Va. Code 54.1-1111. The Prince William form has the owner affirm they are not subject to licensure and will be solely responsible for all construction.

What is the penalty for ignoring the building code or the certificate of occupancy? A Class 1 misdemeanor under subsection D, and a Class 6 felony on a third or later conviction within 36 months.

Is this legal advice? No. It is general information based on the statute and one county form. Confirm your facts with your local building department, the Virginia Board for Contractors or a Virginia attorney.

Sources

• Va. Code 54.1-1101, exemptions, Virginia Law, retrieved October 22, 2026
• Prince William County Affidavit of Owner, Prince William County Building Development Division, retrieved October 22, 2026