Building Code and Maintenance Appeals Process

If you receive notice of a building code violation and you disagree with the premise, you may file an appeal with the Local Board of Building Code Appeals. Learn about other kinds of appeals here.

Si recibe la notificación de una violación del código de construcción y está en desacuerdo con la presunción en esa notificación, por favor póngase en contacto con nosotros para presentar una apelación ante la Junta Local de Apelaciones del código de construcción.

Why apply for an appeal

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

Who can apply for an appeal

  • The owner of a building or structure
  • The owner’s agent
  • Any other person involved in the design, construction, or maintenance of a building or structure

How to apply for an appeal

The applicant submits a written request for appeal to the Local Board of Building Code Appeals (LBBCA) within 30 calendar days of the receipt of the decision being appealed, or 14 calendar days for appeal of the Virginia Maintenance Code — your violation notice will detail which one.

The application, along with any supporting documents and a copy of the decision you are contesting, may be submitted in person or mailed to the following address along with appropriate fees for appeal (details below).  All checks must be written to Arlington County Treasurer:

Local Board of Building Code Appeals
2100 Clarendon Boulevard, Suite 1000
Arlington, VA 22201

Appeal hearings are held the 3rd Wednesday of each month in the afternoon.  Applications for appeal must be received at least two weeks prior to the scheduled hearing date.

Application Requirements

  • Application for Appeal
  • A copy of the building official or property maintenance official’s decision
  • Name and address of the owner of the building or structure
  • Name and address of the person appealing, when the applicant is not the owner

Failure to submit an application for appeal within the time limit established by this section constitutes acceptance of a building official or property maintenance official’s decision. 

Appeal Application Fees

Fees are required for appeal requests regardless of the outcome of the request.

Residential appeal request: $105.00

Commercial appeal request: $419.00

Surcharges: Cumulative 22%.

Fees must be paid at the time of submission of the appeal request.  Requests unaccompanied by the full payment of the associated fees will not be accepted.

 About the LBBCA

The LBBCA consists of six members appointed by the County Board for a specific term of office.

All hearings before the LBBCA 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 in question are given an opportunity to be heard. The chairperson shall have 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 of the LBBCA shall be final if no further appeal is made. The decision of the LBBCA is 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.

If you have further questions regarding the appeals process, please call the Secretary to the Board at 703-228-3356.

More information:

 

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