License Exemption Affidavit – Fairfax County, VA

The License Exemption Affidavit is the Fairfax County Land Development Services form on which a property owner swears under oath that the owner is exempt from Virginia contractor licensing requirements and will comply with the Virginia Uniform Statewide Building Code (VUSBC).

The form rests on a rule printed at its top: anyone applying to a building official or other permit-issuing authority in Virginia for construction, removal, grading or improvement must furnish either satisfactory proof of being duly licensed or certified, or a written statement that he or she is not subject to licensure or certification as a contractor or subcontractor. The persons exempt from licensure are listed in Virginia Code §54.1-1101(A)(1)–(15), and the applicant must indicate in writing which exemption is claimed by initialing it on the form.

The PDF has three pages: the affidavit with the list of exemptions, a notary certificate, and an information sheet titled License Exemption Affidavit and Permit Authorization Form. The information sheet explains that, under VUSBC Section 108.4, an applicant must show that a licensed Virginia contractor will do the work or, if the applicant owns or occupies the structure and will do the work without one, submit this affidavit.

It is not the Permit Authorization Form, which the county's page requires when the applicant is neither the owner nor a licensed contractor, and it is not the Property Ownership Affidavit, which that page requires when the owner information does not match current tax records. The printed revision date is 01/31/2022.

The main group is the owner or occupier of a structure who applies for a building permit in Fairfax County and intends to do the work without a licensed contractor. The information sheet says such a person must submit the License Exemption Affidavit, and the county's Residential Miscellaneous permit page lists it as required when a licensed contractor is not listed on the application.

• The form states that it must be completed by the property owner listed on the application. The oath itself says the signer is the owner or lessee of the property and that the owner is exempt from the licensing requirements that apply to an owner/developer.
• You must claim an exemption that fits you, from those listed in Virginia Code §54.1-1101(A)(1)–(15), for example work on your own primary residence, a gift of a house to an immediate family member who lives in it, or work done under the supervision of a licensed contractor by a student or apprentice. Anyone excluded by another law attaches a separate sheet citing that authority.
• "Immediate family" is defined on the form as mother, father, son, daughter, brother, sister, grandchild, grandparent, mother-in-law and father-in-law.

If a licensed contractor is listed on the application, the county's page does not call for the affidavit. The county also strongly recommends that a properly licensed contractor pull the permits, although owners may obtain permits in their own name.

The affidavit must be submitted before the building permit is issued, so it goes in with the permit application. The form states this directly, and the county's page lists it among the first-submission items for a Residential Miscellaneous permit when no licensed contractor is named on the application.

The form prints no separate due date and no validity or renewal period. Because the affidavit is sworn and notarized for the permit application it supports, complete it for that application and have it ready when you apply. If you have questions about which exemption applies, the form asks you to call the Permit Application Center at 703-222-0801, TTY 711, before you sign.

The form names no delivery channel of its own: it is submitted with the building permit application, before the permit is issued. For a Residential Miscellaneous permit, the county's page says to apply online in PLUS under the Building tab (first-time users must register for an account) and lists the License Exemption Affidavit among the first-submission requirements when a licensed contractor is not listed on the application.

• Online (PLUS): apply through PLUS and provide the affidavit with your first submission, as the county's requirements list describes.
• Questions before signing: call the Permit Application Center at 703-222-0801, TTY 711. The Fairfax County Permit Application Center receives and processes permit applications.
• Contact address printed on the form: Customer & Technical Support Center, Fairfax County Land Development Services, 12055 Government Center Parkway, Suite 230, Fairfax, VA 22035; website www.fairfaxcounty.gov/landdevelopment.

The form states that copies of signed affidavits cannot be accepted, so keep the signed, notarized original for your submission and ask the Permit Application Center how to deliver it with your application. FillingPDF lets you fill out and download the PDF; submission follows the channels above.