2025 DC CONSTRUCTION LAW CHANGES

2025 Changes To Construction Permitting And Historic Preservation Fines

Two amendments to DC’s construction code are forthcoming in the District of Columbia.

Protecting Adjacent And Adjoining Property Owners From Construction Damage Amendment Act

The amendments, introduced in 2024 as D.C. Law 25-243, requires the owner of the property, contractor or person applying for specific permits, to provide proof that their permit insurance will cover adjacent property owners for loss or damage stemming from their proposed construction work. The amendment applies to:

• Raze permits
• Demolition permits
• Excavation permits
• Foundation permits
• New building permits
• Sheeting and shoring permits
• Alteration and repair permits involving underpinning or related construction activity

Permits issued 90 days following the date the amendment becomes law will be affected.

“Adjacent property” means any privately held real property (all or a portion thereof) within 30 feet of a property line of the real property for which the permit is applied.”

Protecting Historic Homes Amendment Act of 2024

The D.C. Council also signed off on the Protecting Historic Homes Amendment Act of 2024 (D.C. Law 25-239). This Act amends the Historic Landmark and Historic District Protection Act of 1978 in the following ways:

• Provides that civil fines, penalties, or fees assessed by the Historic Preservation Office (HPO) account for the severity of the violation, start at the amount set for a Class 1 violation, and not be more $10,000 per violation
• Requires that civil fines, penalties, or fees assessed for substantial demolition, alternation, or new construction account for the severity of the violation and start at $10,000, but not be more than $25,000 per violation
• Amends the Migratory Local Wildlife Protection Act of 2022 to make the requirements of the law applicable to permits submitted and issued after January 1, 2025.

Bird-Friendly Materials

For buildings built or constructed pursuant to building permit applications submitted on or after January 1, 2025, including for new construction, or for alterations involving the replacement of all or substantially all exterior glazing on commercial buildings, multi-unit residential buildings, institutional facilities, or District-owned or operated buildings:

• Each façade of the exterior wall envelope and any exterior fenestration must be constructed with bird-friendly materials up to 100 feet above grade
• Other materials may be used to the extent that they do not exceed an aggregate of 10 square feet within any 10 feet by 10 feet square area of exterior wall below 100 feet above grade.”

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