Several new Virginia laws now shape Virginia Beach home sales. Settlement agents must take care to confirm a seller's identity before closing. The disclosure statement adds a military installation item. Starting January 1, 2027, buyers of land in a land-use tax program get a roll-back tax notice, and insurers face new limits on roof-age decisions.
Key facts
- Seller identity: Before settlement, the settlement agent must exercise ordinary care to reasonably confirm who the seller is (Va. Code § 55.1-903).
- Covenant notice: Settlement agents must tell buyers of their right to remove a prohibited restrictive covenant found during the title search.
- Military disclosure: The Residential Property Disclosure Statement now includes a buyer-beware item about proximity to any military ground installation (§ 55.1-703).
- Land-use notice: Starting January 1, 2027, settlement agents who know a property is taxed under a land-use program must give the buyer a written roll-back tax notice and get a signed acknowledgment (§ 55.1-1008.1).
- Roof age: Starting January 1, 2027, an asphalt shingle roof under 15 years old can't be the sole reason an insurer refuses or drops an owner-occupied policy.
- Military leases: Service members can end a lease for PCS and other qualifying orders with notice effective at least 30 days after the next rent due date (§ 55.1-1235).
- Free fraud alerts: The Virginia Beach Circuit Court Clerk offers free email alerts when a document with your name is recorded.
What changed about seller identity at closing?
Deed fraud happens when someone pretends to own a property and tries to sell or borrow against it. Virginia now puts a clear duty on settlement agents. Under § 55.1-903, before settlement the agent must exercise ordinary care to reasonably ascertain the identity of the seller.
The law lists methods the agent may use:
- Satisfactory evidence of identity, as defined in Virginia's notary law
- More than one form of photo ID
- A written statement from the seller's attorney
- A review of the land records for the property
- A signature comparison
- A credit check
- Detailed questions about the property
If you're selling, expect your settlement agent to ask for more than a quick look at your license, especially if you're signing from out of state. Send documents early so it doesn't delay your closing. If you own land or a second home you don't visit often, the alert service below is worth a few minutes.
How can I protect my Virginia Beach property from deed fraud?
The Virginia Beach Circuit Court Clerk's Land Records office offers a free property notification service. You create an account, enter the names and parcels you want to watch, and get an email when a recorded document references them. The Clerk's page describes the service as free.
It won't stop a fraudulent filing, but it can tell you quickly so you can call the Clerk, your attorney and law enforcement. Look up your parcel on the city's property search first so you have the right details.
What new items are on the disclosure statement?
Virginia is a buyer-beware state. Sellers deliver a Residential Property Disclosure Statement that tells buyers to do their own due diligence on listed topics, from flood zones to resource protection areas. Two changes stand out for Virginia Beach.
Military installations. The statement now says the owner makes no representations about the property's proximity to any military ground installation, including noise or other effects of military operations. Buyers are advised to do whatever due diligence they think is needed. Virginia Beach already maps AICUZ noise zones around NAS Oceana. My guide to neighborhoods near NAS Oceana explains those zones and the city's disclosure rules.
Land use and roll-back taxes (January 1, 2027). A new item says the owner makes no representations about whether the property is in a locality with use value assessment, and warns that a change in use or zoning can trigger roll-back taxes and interest.
Flood risk was already on the statement. Read my flood insurance guide for Virginia Beach before you make an offer near the water, whether that's Chic's Beach or Sandbridge.
What should buyers of land in Pungo know about roll-back taxes?
Virginia Beach runs a Land Use Assessment Program. According to the Real Estate Assessor, qualifying agricultural, horticultural, forest and open-space land is assessed on its use value instead of market value. The minimum is five cultivated acres or twenty forested acres, with other conditions.
Under § 58.1-3237, if the use changes to one that doesn't qualify, or the owner asks for a rezoning to a more intensive use, roll-back taxes apply. In localities without a sliding scale ordinance, that's the deferred tax for each of the five most recent complete tax years, plus simple interest, and the current year's tax is extended too.
Starting January 1, 2027, § 55.1-1008.1 requires settlement agents who know a property is in a land-use program to give the buyer a written notice before settlement and get a written acknowledgment. If you're shopping for acreage in Pungo, ask the Assessor's Land Use Program Administrator about the parcel before you commit. My guide to buying land or a farm in Pungo covers wells, septic and zoning.
What else changes for homeowners?
Restrictive covenants. Section 55.1-903 also requires settlement agents to tell buyers about their right under § 55.1-300.1 to remove a covenant prohibited by § 36-96.6, such as a covenant restricting ownership by race, if the title search finds one.
Roof age and insurance. Starting January 1, 2027, an insurer can't refuse, cancel or nonrenew an owner-occupied policy solely because an asphalt shingle roof is less than 15 years old. Older roofs get an inspection option. Details are in my post on homeowners insurance nonrenewal.
Accessory dwelling units. A 2026 state law on ADUs in single-family zoning takes effect July 1, 2027, but it exempts localities that adopted an ADU ordinance before January 1, 2026. Read can I build an ADU in Virginia Beach for what that may mean here.
Military leases. Service members can end a lease for PCS orders, temporary duty orders longer than three months, discharge, an order into government quarters, or certain stop-movement orders. Notice must take effect at least 30 days after the next rent due date, and the landlord can't charge liquidated damages. If you're deciding whether to keep a home as a rental, see should I rent or sell my Virginia Beach home when I get PCS orders.
What should buyers and sellers do now?
- Sellers: Have your ID ready, answer your settlement agent's questions early, and sign up for the Clerk's property alerts.
- Buyers: Read the full disclosure statement, check flood zones and AICUZ maps, and ask whether land is in the land-use program.
- Everyone: Get a home inspection and keep roof permits and invoices, because insurers will ask.
- If school zones matter to you: School assignments come from VBCPS, not from a listing. Confirm the address with the VBCPS School Locator and see my Virginia Beach school zone guide.
Ready to buy or sell under the new rules?
Browse the newest Virginia Beach listings or homes and land around Pungo, then contact me or call or text (757) 919-8874. I'll walk you through the disclosure statement and what your settlement agent will ask for.
Barry Jenkins, Legacy Home Team at LPT Realty
Sources
- Code of Virginia § 55.1-903, Duty of settlement agent
- Code of Virginia § 55.1-703, Required disclosures for buyer to beware (current and January 1, 2027 versions)
- Code of Virginia § 55.1-1008.1, Land-use program notice (effective January 1, 2027)
- Code of Virginia § 58.1-3237, Roll-back taxes
- Code of Virginia § 55.1-1235, Early termination of rental agreement by military personnel
- Code of Virginia § 38.2-2114, Grounds and procedure for termination of policy
- City of Virginia Beach Circuit Court Clerk: Real Estate Records (Deeds) and property notification
- City of Virginia Beach Real Estate Assessor: Land Use Assessment Program
- Northern Virginia Association of Realtors: New Laws 2026 from the Virginia General Assembly session (June 16, 2026)
Frequently asked questions
What changed on the Virginia residential property disclosure statement?
The statement now includes a buyer-beware item saying the owner makes no representations about the property's proximity to any military ground installation, including noise or other effects of military operations. Starting January 1, 2027, another item covers land-use taxation and possible roll-back taxes.
Do Virginia sellers have to prove who they are at closing?
The settlement agent must now use ordinary care to reasonably confirm the seller's identity before settlement. Methods can include checking ID, requiring more than one photo ID, comparing signatures, reviewing land records, running a credit check or asking detailed questions about the property.
How can I find out if someone records a deed on my Virginia Beach home?
The Virginia Beach Circuit Court Clerk offers a free property notification service. You register your name or parcel and get an email when a document referencing it is recorded in the Clerk's office.
What are roll-back taxes?
If land taxed at its use value under a local land-use program changes to a nonqualifying use, or is rezoned to a more intensive use at the owner's request, Virginia law adds roll-back taxes. Without a sliding scale ordinance, that's the deferred tax for the five most recent complete tax years plus simple interest.
Can I remove a racial covenant from my deed in Virginia?
Yes. Virginia law prohibits certain restrictive covenants, and settlement agents must tell buyers about their right to remove a prohibited covenant found in the title search. Ask your settlement agent or attorney about the process at closing.
When does the new roof-age insurance rule start?
January 1, 2027. From that date, an insurer can't refuse, cancel or nonrenew an owner-occupied homeowners policy solely because an asphalt shingle roof is less than 15 years old.