D.C. Council Adopts 2 New Laws Impacting Construction
Laws Focus on Permitting Insurance Requirements, Historic Preservation Civil Penalties and Bird-Friendly Window Glazing

The D.C. Council adopted two new laws that impact construction in the District of Columbia.
The first law, known as the Protecting Adjacent and Adjoining Property Owners from Construction Damage Amendment Act of 2024 (D.C. Law 25-243), amends the D.C. Construction Code to require a property owner, contractor or person applying for specific permits to demonstrate that their permit insurance will insure adjacent property owners for loss or damage that arises from the proposed construction work. The types of permits to which this law applies are as follows: 1) alteration and repair permits pursuant to which the applicant will be engaging in underpinning or related construction activity, 2) foundation permits and 3) new building permits. The law will apply to permits issued 90 days after the adoption of emergency or final rules issued by the mayor to implement the law. Holland & Knight will provide an update once the law becomes fully effective.
In addition, the D.C. Council adopted the Protecting Historic Homes Amendment Act of 2024 (D.C. Law 25-239), which amends the Historic Landmark and Historic District Protection Act of 1978. The revisions provide that certain civil fines, penalties and fees shall account for the severity of the violation and shall not exceed $10,000 per violation. The law also provides that the civil fines, penalties and fees for willful demolitions, alterations or new construction shall account for the severity of the violation and shall start at $10,000 per violation but not exceed $25,000 per violation. Finally, as previously reported, revisions to this law also implement the Migratory Local Wildlife Protection Act of 2022, requiring the use of bird-friendly materials for buildings built or constructed pursuant to building permit applications submitted on or after Jan. 1, 2025. D.C. Law 25-239 became effective on Dec. 17, 2024.