The Virginia disclosure statement is nineteen paragraphs long and every one of them is a door the seller closes and hands you the key to. Here is what is behind each door in this market.
In the first part of this series we covered why Virginia works this way and the termination right that comes with a late statement. This piece is the practical half: the actual list, and who to ask about each item in the Richmond metro.
The list below tracks the version of Code of Virginia Section 55.1-703 in effect until January 1, 2027.
The house itself
Item 1, condition and covenants. The owner makes no representations about the condition of the property or its improvements, or about recorded covenants, restrictions and mineral rights. You are pointed toward a home inspection, a mold assessment following Environmental Protection Agency guidance, and a residential building energy analysis.
Mineral rights sound exotic until you are buying acreage west of the city. They are recorded among the land records and the seller is not describing them for you.
Item 16, defective drywall. Disclaimed, with the definition borrowed from Section 36-156.1 of the Code. This traces to imported drywall used in mid-2000s construction.
Item 15, lead plumbing. The owner makes no representations about whether the property contains pipe, fittings, fixtures, solder or flux that fail the federal Safe Drinking Water Act definition of lead free. Relevant to older housing stock, which in this market means much of the city of Richmond. Our guide to buying a historic home in Richmond covers what old-house systems actually cost to bring current.
Item 14, radon. Disclaimed as to whether the locality is classified Zone 1 or Zone 2 on the EPA Map of Radon Zones. The statute lists the resources: the EPA map, the Virginia Department of Health indoor radon program, the national proficiency and safety board listings, and ordering an inspection. Zone designation is by locality, so look up the specific county or city.
The land and the lines
Item 2, lot lines and what you can build. No representations about current lot lines or your ability to expand, improve or add structures. You are told to get a survey and to contact the locality about zoning, lot coverage, height and setbacks.
This is the single most under-purchased item on the list. A survey is a few hundred dollars against a fence, addition or garage you may not be permitted to build.
Item 11, easements. Conservation and other easements are disclaimed. On farmland in Goochland, Powhatan and rural Hanover, a conservation easement can permanently limit subdivision and construction. It runs with the land and it will not introduce itself.
Item 13, marine clays. The owner makes no representations about whether the property sits on or near deposits of marine clays, also called marumsco soils, and you are advised to consult local soil resources and have a qualified professional analyze soil and structural conditions. These shrink-swell soils are most associated with parts of northern Virginia, but the advisory is statewide.
Item 9, solar. No representations about any right to install or use solar collection devices. Association covenants are usually what governs that.
Get the Richmond closing-timeline checklist
Every one of these investigations has to fit between ratification and settlement. Our one-page timeline shows where each deadline falls, including inspection, survey, and loan milestones.
Water, in all the forms it arrives
Item 8, wastewater systems. No representations about the presence, type or size of any wastewater system, the maintenance responsibilities, or the costs of maintaining, repairing or inspecting it, including septic pump-out. If you are buying on a private system, this is your problem from the day you go under contract. Start with buying a home with well and septic.
Item 10, special flood hazard areas. Disclaimed, with four suggested steps: get a flood certification or lender determination, review the maps, contact the National Flood Insurance Program or the state flood risk information website run by the Department of Conservation and Recreation, and determine whether flood insurance is required. The Real Estate Board also publishes a separate flood risk information form.
Worth knowing: the statutory form itself says properties outside a mapped hazard area can still flood, that standard homeowners policies generally do not cover flood damage, and that flood maps are updated on a five-year cycle. More in whether you need flood insurance in Richmond.
Item 5, Chesapeake Bay resource protection areas. No representations about whether the property contains resource protection areas established under a local ordinance implementing the Chesapeake Bay Preservation Act. Whether such an ordinance applies depends on the locality’s designation under the Act, so confirm with the county or city rather than assuming. Where it does apply, an RPA buffer can restrict clearing and construction near water.
Items 7 and 17, dams. Two separate paragraphs, and together they are the most Richmond-specific pair on the list.
Item seven disclaims whether the property sits in a dam break inundation zone and tells you to review any map the locality has adopted. Item seventeen disclaims the condition, regulatory status, and cost of required maintenance and operation of any impounding structure or dam on the property or under the ownership of the common interest community that the owner of the property is required to join.
Read that second clause slowly if you are shopping the reservoir and lake communities of Chesterfield. Buying into an association that owns a dam means buying a share of that dam’s maintenance and regulatory obligations, and the statute expressly declines to tell you anything about its condition. The suggested contacts are the Department of Conservation and Recreation or a licensed professional engineer.
What the neighbors and the locality can do
Item 3, adjacent parcels. No representations about anything pertaining to neighboring parcels, including their zoning classification or permitted uses. This is the one buyers regret most. The process is in how to check what is being built nearby and buying next to undeveloped land.
Item 4, historic districts. No representations about whether a historic district ordinance adopted under Section 15.2-2306 affects the property. You are directed to the local ordinance, the official map, and the materials explaining what approvals you need before altering, reconstructing, renovating or demolishing.
In practice this is a city of Richmond issue. Old and Historic District rules shape what you can do to a house in Church Hill, The Fan, Jackson Ward and other districts, down to window materials.
Item 12, community development authorities. Disclaimed. A CDA is a special district created by a local governing body that can levy assessments to pay for infrastructure. You are told to check whether the creating resolution or ordinance was recorded in the circuit court land records for your specific tax parcel.
Item 6, sex offender registry. Disclaimed, with a pointer to the state registry.
Noise you cannot negotiate
Item 18, aircraft. The owner makes no representations about proximity to a public use airport or aircraft noise from flight operations, and the statute notes that flight paths are managed at the federal level rather than locally. You are advised to contact the locality or the airport and review any noise zone maps, or check with the Virginia Department of Aviation.
Richmond International Airport sits in eastern Henrico, which makes this a live question in Varina, Sandston and the Highland Springs area. Sit in the yard for twenty minutes at different times of day before you decide it does not bother you.
Item 19, military ground installations. Added as its own paragraph: no representations about proximity to a military ground installation or the noise and other effects of military operations. The Richmond region has federal installations south and east of the city, so confirm specifics with the locality.
Note that a military air installation is handled entirely differently. That one is an affirmative duty on the seller under Section 55.1-704, and it is one of the few. We cover those in what a Richmond seller actually must disclose.
How to use this list without losing your mind
Nineteen items is not nineteen inspections. Most properties trip four or five, and which ones depend on geography.
| If you are buying | The items that usually bite |
|---|---|
| An older city home | Historic district, lead plumbing, condition, lot lines |
| A suburban resale | Adjacent parcels, community development authority, radon |
| In a lake or reservoir community | Impounding structure, dam break inundation zone, flood hazard |
| Acreage or a small farm | Wastewater, easements, mineral rights, lot lines |
| Near the airport | Aircraft noise zones, adjacent parcels |
If you are in the last two rows, our guides to what to check before you build on acreage and the current acreage listings around Richmond are the right next stops.
Questions buyers ask about the list
How many things does the Virginia disclosure statement disclaim?
The version of Section 55.1-703 in effect until January 1, 2027 contains nineteen numbered paragraphs. In each one the owner makes no representations and you are advised to investigate the matter yourself before settlement.
Which of the nineteen items actually matter in the Richmond area?
Wastewater systems, flood hazard areas, dams and impounding structures, adjacent-parcel zoning, historic district rules, and aircraft noise near Richmond International Airport come up most often here. Which ones apply depends entirely on where the house is.
Does the disclosure statement tell me whether the property has a septic system?
No. Item eight specifically says the owner makes no representations about the presence, type or size of any wastewater system, or the maintenance responsibilities and pump-out costs that go with it. You have to determine that yourself.
Who do I ask about lot lines and whether I can add on?
Item two points you to a property survey and to the locality for zoning, lot coverage, height and setback requirements. The seller is not representing any of it, and neither is the listing.
What is a dam break inundation zone and why is it in the statute?
It is a mapped area that would be flooded if an impounding structure failed. Item seven disclaims any representation about whether a property sits in one and tells you to review any map the locality has adopted. Item seventeen separately disclaims the condition and regulatory status of a dam owned by a community association you are required to join.
Why does the form mention community development authorities?
Because a CDA can add an assessment to your parcel. Item twelve tells you to check whether the resolution or ordinance creating the district was recorded in the circuit court land records for your tax parcel.
Is radon a real concern in the Richmond area?
Item fourteen disclaims whether a property is in an EPA Zone 1 or Zone 2 locality and lists the resources to check, including a radon inspection. Radon zone designation varies by locality, so look up the specific county or city rather than assuming a regional answer.
Does the seller have to tell me about defective drywall or lead plumbing?
No. Items fifteen and sixteen disclaim both. Lead-free plumbing is measured against the federal Safe Drinking Water Act definition, and defective drywall uses the definition in Section 36-156.1. Both are worth checking in older housing stock.
Can I make the seller answer these questions anyway?
You can ask, and many sellers will answer. What you cannot do is rely on the statutory form to compel it. Anything that matters belongs in your contract as a contingency or a written representation.
Want this narrowed to one address?
Send us a property and we will tell you which of the nineteen items actually apply, what each one costs to check, and which belong in the contract as a contingency. See how we work with buyers or call (804) 601-4960.
