Virginia Real Estate Disclosure Requirements
Virginia requires sellers to disclose property conditions.
Is Virginia a Disclosure State?
YESVirginia requires sellers to provide a Residential Property Disclosure Statement under the Residential Property Disclosure Act (§ 55.1-700 et seq.). However, Virginia's form is unusual — it allows sellers to make disclosures on a "present actual knowledge" basis, with an option to make no representations.
Property Condition Disclosure
RequiredOfficial Form:
Virginia Residential Property Disclosure Statement
Under the Virginia Residential Property Disclosure Act (§ 55.1-700 et seq.), sellers must provide a Residential Property Disclosure Statement. However, the form allows sellers to disclose based on "present actual knowledge" only — there is no obligation to investigate or inspect. Sellers may also check a box stating they make no representations about the property's condition.
Environmental Hazards
RequiredThe Virginia disclosure form covers environmental hazards including lead-based paint (federal requirement for pre-1978 properties), mold, defective drywall, underground storage tanks, and other toxic substances. Sellers must disclose based on present actual knowledge.
Specific Hazards Covered:
Natural Hazards
RequiredVirginia requires disclosure of dam break inundation zones — a state-specific requirement not found in most states. Flood zone status, proximity to military installations (noise and safety zones), and other natural hazard information must be disclosed on the property disclosure form.
Specific Hazards Covered:
Key Points for Virginia
- 1Mandatory Residential Property Disclosure Statement required by law
- 2"Present actual knowledge" standard — no duty to investigate
- 3"Owner makes no representations" option available but doesn't protect against fraud
- 4Military installation proximity disclosure required
- 5Dam break inundation zone disclosure — Virginia-specific requirement
- 6Pending building code or zoning violations must be disclosed
- 7Mold and defective drywall disclosure included on form
Timing Requirements
The disclosure statement must be provided to the buyer before or at the time the purchase agreement is signed. Buyers have a right to void the contract if disclosure is not provided.
Penalties for Non-Disclosure
Sellers who fail to provide the required disclosure or who actively conceal known defects may face contract rescission, monetary damages, and potential fraud claims. The "no representations" option does not shield sellers from liability for intentional concealment.
Exemptions from Disclosure
The following transaction types may be exempt from disclosure requirements:
2026 Virginia Disclosure Updates
UpdatedKey regulatory changes affecting Virginia real estate disclosures in 2026:
Mandatory Disclosure Statement
Unlike Florida, Virginia requires sellers to provide a Residential Property Disclosure Statement to buyers. However, Virginia's form is unusual — it allows sellers to make disclosures on a "present actual knowledge" basis, meaning sellers only disclose what they actually know. There's no obligation to investigate or inspect.
"Owner Makes No Representations" Option
Virginia law allows sellers to check a box stating they make no representations about the property's condition. While this limits the seller's disclosure obligations, it doesn't protect against fraud if the seller actively conceals known defects.
Military Installation Disclosure
Virginia requires disclosure of nearby military installations, including noise and safety zones — a significant factor given the state's large military presence (Norfolk Naval Station, Fort Liberty, Pentagon, etc.).
Dam Break Inundation Zone
Sellers must disclose if the property is in a dam break inundation zone — a Virginia-specific requirement not found in most states.
Pending Building Code or Zoning Violations
Any known violations must be disclosed on the form.
Need help tracking disclosure deadlines and compliance? See the best transaction coordinator software for 2026 or learn more about the transaction coordinator role.
Delivering disclosures to clients? Browse our email templates for TCs or follow our TRID compliance timeline to stay on track from contract to close.
What Makes Virginia Unique
Virginia occupies a middle ground in the disclosure spectrum. It's not as permissive as Florida (no form required) and not as restrictive as California (extensive mandatory forms). The Virginia approach gives sellers the option to either disclose what they know or declare that they make no representations.
Virginia-Specific Disclosure Requirements:
Virginia is a "notice" state for real estate closings — meaning attorneys are not strictly required at closing (unlike New York), but many transactions still involve attorneys, especially in Northern Virginia and the Hampton Roads area. See the full attorney vs. title states guide.
Virginia Disclosure FAQ
Does Virginia require a seller disclosure form?
Yes. Virginia requires sellers to provide a Residential Property Disclosure Statement under the Residential Property Disclosure Act (§ 55.1-700). However, sellers may choose to make disclosures based on "present actual knowledge" only, or check a box stating they make no representations.
Can Virginia sellers refuse to make disclosures?
Technically, yes — the "owner makes no representations" option allows sellers to limit their disclosure obligations. However, this doesn't protect sellers from liability if they actively conceal known material defects.
Does Virginia require disclosure of military installations?
Yes. Virginia requires sellers to disclose if the property is in the vicinity of a military installation, including information about noise and safety zones. This is particularly relevant in areas near Norfolk Naval Station, Joint Base Langley-Eustis, and other installations.
Is Virginia an attorney state for real estate closings?
Virginia is considered a hybrid state. Attorneys are not strictly required at closing, but many transactions involve attorney review, especially in Northern Virginia and Hampton Roads. Title companies handle most closings.
Last updated: April 3, 2026