Required Notice of Real Estate Developments: What to Know About Recent Legal Update
Have you ever driven by a property and been surprised by the addition of a development? Worse, has the addition of a development completely changed how you envisioned your own property? For most real estate projects, breaking ground marks the conclusion of months (or years) of expensive and complex negotiations and planning. Those outside of the development process may question when they are entitled to learn about a proposed development in advance of construction.
In Virginia (and many other states), changes to real estate are governed by zoning laws. These laws cover a variety of permissions, including (but not limited to) rezonings, variances, or special exceptions (as well as site plans). Several of these permissions require a public hearing (with the option for public comment) in order to be approved.
As of July 1, 2025, the Virginia law governing notice for public hearings associated with zoning permissions was shortened from seven to five days for the second notice (to appear in a designated local newspaper). The initial notice must be provided 28 days before. This overall public notice (oftentimes handled by county staff) is in addition to a zoning applicant’s obligation to provide specific notice of the hearing/application to adjacent property owners (as defined by specific counties/localities). The July 1 update therefore provides those outside of the immediate vicinity of a project with a bit less time to plan to attend a meeting or submit concerns in advance of a hearing.
I recommend that those concerned with a potential development review its status with the applicable county/locality as soon as possible. Members of the public can learn details about an application (oftentimes with submissions available online) by consulting local zoning agencies. Zoning counsel can also help talk through the potential implications of an application, as well as any associated rights (or the related process).
Have questions about how this legislation affects you? Reach out to me at tstringham@kramerelias.com or (703) 202-7633 to discuss.
Theodora Stringham focuses her practice on bringing solutions-oriented representation and zealous advocacy to complex issues impacting individuals, organizations, and businesses. Ms. Stringham seeks to understand clients’ concerns and provide thorough and strategic options aimed at achieving their goals. She has been recognized for her work in the Real Estate, Labor and Employment, and Commercial Litigation practice areas, providing counseling and litigation support for a wide variety of concerns.