Enforceability Status
Virginia has a mandatory statewide building code, the Virginia Uniform Statewide Building Code (USBC), which requires a certificate of occupancy before a building may be occupied. Va. Code Ann. Section 36-105 establishes the USBC. A contract clause making the CO irrelevant likely conflicts with this statewide statutory requirement.
Legal Analysis
Virginia administers the Virginia Uniform Statewide Building Code (USBC) under the authority of Va. Code Ann. Section 36-97 et seq. The USBC is mandatory for all localities in Virginia and is based on the International Building Code and International Residential Code with Virginia-specific amendments. Under the USBC, a certificate of occupancy must be issued by the local building official before a building may be occupied.
The USBC is administered at the local level by building officials who conduct inspections and issue certificates of occupancy. Va. Code Ann. Section 36-105 requires the Board of Housing and Community Development to adopt and maintain the USBC, and Va. Code Ann. Section 36-106 requires local governments to enforce it. The CO requirement is a mandatory component of this statewide regulatory framework.
A contract clause that purports to make the CO irrelevant to the buyer's closing obligations likely conflicts with Virginia's statewide building code. Virginia courts have recognized that contractual provisions that violate statutory requirements or public policy may be void. Because the USBC represents a comprehensive statewide regulatory framework for building safety, a clause disclaiming the relevance of the CO would conflict with this statutory scheme.
Buyers in Virginia should understand that the CO requirement is a statewide mandate, not merely a local option. The USBC ensures uniform building safety standards across all Virginia localities. The CO process verifies compliance with structural, electrical, plumbing, mechanical, energy conservation, and fire safety requirements.
Relevant Virginia Law
Establishes the Virginia Uniform Statewide Building Code (USBC) framework, including the requirement for all localities to enforce a uniform building code.
Requires the Board of Housing and Community Development to adopt and maintain the Virginia Uniform Statewide Building Code.
Requires every local government in Virginia to enforce the Virginia Uniform Statewide Building Code within its jurisdiction.
Builders in Virginia Using This Clause
What Virginia Buyers Should Know
- Confirm CO issuance before closing Virginia's statewide building code requires a CO before occupancy. Verify with the local building official that the CO has been issued before your closing date.
- Understand the USBC requirement The Virginia Uniform Statewide Building Code mandates CO issuance across all Virginia localities. This is a state law requirement that cannot be waived by contract.
- Review inspection records Request records of all required inspections from the builder or the local building department. The CO is issued only after all inspections have been completed and approved.
- Seek legal counsel if pressured to close without a CO If a builder pressures you to close before the CO is issued, consult a Virginia real estate attorney. The CO is a legal prerequisite to occupancy under state law.