{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-156.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-156.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-156.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-156.1.html"}],"law_id":64639,"edition_id":1,"section_id":64639,"structure_id":16191,"section_number":"36-156.1","catch_line":"Definitions","history":"2010, c. 820; 2012, c. 368.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Authority&#8221; means the Virginia Resources Authority.\n\t\t&#8220;Bona fide prospective purchaser&#8221; means a person who acquires ownership, or proposes to acquire ownership, of real property affected by defective drywall.\n\t\t&#8220;Cost,&#8221; as applied to any project financed under the provisions of this chapter, means the reasonable and necessary costs incurred for carrying out all works and undertakings necessary or incident to the correction or elimination of defective drywall. It includes, without limitation, all necessary developmental, planning, and feasibility studies, surveys, plans, and specifications; architectural, engineering, financial, legal, or other special services; site assessments, remediation, containment, and demolition or removal of existing structures or portions thereof; the discharge of any obligation of the seller of such land, buildings, or improvements; labor; materials, machinery, and equipment; the funding of accounts and reserves that the Authority may require; the reasonable costs of financing incurred by the local government in the course of the development of the project; carrying charges incurred prior to completion of the project; and the cost of other items that the Authority determines to be reasonable and necessary.\n\t\t&#8220;Defective drywall&#8221; means drywall or similar building material composed of dried gypsum-based plaster that (i) contains elemental sulfur exceeding 10 parts per million as has been found in some drywall manufactured in the People&#8217;s Republic of China and imported into the United States between 2004 and 2007 and, when exposed to heat, humidity, or both, releases elevated levels of hydrogen sulfide gas into the air or (ii) has been designated by the U.S. Consumer Product Safety Commission as a product with a product defect that constitutes a substantial product hazard within the meaning of \u00a7 15 (a)(2) of the Consumer Product Safety Act (15 U.S.C. \u00a7 2064 (a)(2)).\n\t\t&#8220;Department&#8221; means the Department of Housing and Community Development.\n\t\t&#8220;Director&#8221; means the Director of the Department of Housing and Community Development.\n\t\t&#8220;Fund&#8221; means the Virginia Defective Drywall Correction and Restoration Assistance Fund.\n\t\t&#8220;Innocent land owner&#8221; means a person who holds any title, security interest, or any other interest in residential real property and who acquired that interest after the installation of defective drywall occurred.\n\t\t&#8220;Local government&#8221; means any county, city, town, municipal corporation, authority, district, commission, or political subdivision of the Commonwealth created by the General Assembly or otherwise created pursuant to the laws of the Commonwealth or any combination of the foregoing.","order_by":null,"text":{"0":{"id":235234,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Authority&#8221; means the Virginia Resources Authority.\n\t\t&#8220;Bona fide prospective purchaser&#8221; means a person who acquires ownership, or proposes to acquire ownership, of real property affected by defective drywall.\n\t\t&#8220;Cost,&#8221; as applied to any project financed under the provisions of this chapter, means the reasonable and necessary costs incurred for carrying out all works and undertakings necessary or incident to the correction or elimination of defective drywall. It includes, without limitation, all necessary developmental, planning, and feasibility studies, surveys, plans, and specifications; architectural, engineering, financial, legal, or other special services; site assessments, remediation, containment, and demolition or removal of existing structures or portions thereof; the discharge of any obligation of the seller of such land, buildings, or improvements; labor; materials, machinery, and equipment; the funding of accounts and reserves that the Authority may require; the reasonable costs of financing incurred by the local government in the course of the development of the project; carrying charges incurred prior to completion of the project; and the cost of other items that the Authority determines to be reasonable and necessary.\n\t\t&#8220;Defective drywall&#8221; means drywall or similar building material composed of dried gypsum-based plaster that (i) contains elemental sulfur exceeding 10 parts per million as has been found in some drywall manufactured in the People&#8217;s Republic of China and imported into the United States between 2004 and 2007 and, when exposed to heat, humidity, or both, releases elevated levels of hydrogen sulfide gas into the air or (ii) has been designated by the U.S. Consumer Product Safety Commission as a product with a product defect that constitutes a substantial product hazard within the meaning of \u00a7 15 (a)(2) of the Consumer Product Safety Act (15 U.S.C. \u00a7 2064 (a)(2)).\n\t\t&#8220;Department&#8221; means the Department of Housing and Community Development.\n\t\t&#8220;Director&#8221; means the Director of the Department of Housing and Community Development.\n\t\t&#8220;Fund&#8221; means the Virginia Defective Drywall Correction and Restoration Assistance Fund.\n\t\t&#8220;Innocent land owner&#8221; means a person who holds any title, security interest, or any other interest in residential real property and who acquired that interest after the installation of defective drywall occurred.\n\t\t&#8220;Local government&#8221; means any county, city, town, municipal corporation, authority, district, commission, or political subdivision of the Commonwealth created by the General Assembly or otherwise created pursuant to the laws of the Commonwealth or any combination of the foregoing.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16191,"edition_id":1,"name":"Virginia Defective Drywall Correction and Restoration Assistance Fund","identifier":"10.1","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 04:08:40","date_modified":"2026-06-26 04:08:40","permalink":{"id":208825,"object_type":"structure","relational_id":16191,"identifier":"10.1","token":"36\/10.1","url":"\/36\/10.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64639,"structure_id":16191,"section_number":"36-156.1","catch_line":"Definitions","url":"\/36-156.1\/","token":"36\/10.1\/36-156.1","metadata":false},{"id":76096,"structure_id":16191,"section_number":"36-156.2","catch_line":"Virginia Defective Drywall Correction and Restoration Assistance Fund established; uses","url":"\/36-156.2\/","token":"36\/10.1\/36-156.2","metadata":false}],"next_section":{"id":76096,"structure_id":16191,"section_number":"36-156.2","catch_line":"Virginia Defective Drywall Correction and Restoration Assistance Fund established; uses","url":"\/36-156.2\/","token":"36\/10.1\/36-156.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-156.1\/","history_text":"<p>This law was first created in 2010. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0820\">820<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0368\">368<\/a>.<\/p>","references":[{"id":80572,"section_number":"54.1-2131","catch_line":"Licensees engaged by sellers","order_by":null,"url":"\/54.1-2131\/"},{"id":73912,"section_number":"54.1-2132","catch_line":"Licensees engaged by buyers","order_by":null,"url":"\/54.1-2132\/"},{"id":62657,"section_number":"54.1-2134","catch_line":"Licensees engaged by tenants","order_by":null,"url":"\/54.1-2134\/"},{"id":84205,"section_number":"55.1-703","catch_line":"Required disclosures for buyer to beware; buyer to exercise necessary due diligence","order_by":null,"url":"\/55.1-703\/"},{"id":80022,"section_number":"62.1-199","catch_line":"Definitions","order_by":null,"url":"\/62.1-199\/"}],"refers_to":false,"permalink":{"id":208827,"object_type":"law","relational_id":64639,"identifier":"36-156.1","token":"36\/10.1\/36-156.1","url":"\/36-156.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-156.1\/","token":"36\/10.1\/36-156.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-156.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;<span class=\"dictionary\">Authority<\/span>&#8221; means the Virginia Resources <span class=\"dictionary\">Authority<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Bona fide prospective purchaser<\/span>&#8221; means a person who acquires ownership, or proposes to acquire ownership, of real property affected by <span class=\"dictionary\">defective drywall<\/span>.\n\t\t&#8220;Cost,&#8221; as applied to any project financed under the provisions of this chapter, means the reasonable and necessary costs incurred for carrying out all works and undertakings necessary or incident to the correction or elimination of <span class=\"dictionary\">defective drywall<\/span>. It includes, without limitation, all necessary developmental, planning, and feasibility studies, surveys, plans, and specifications; architectural, engineering, financial, legal, or other special services; site assessments, remediation, containment, and demolition or removal of existing structures or portions thereof; the discharge of any obligation of the seller of such land, buildings, or improvements; labor; <span class=\"dictionary\">materials<\/span>, machinery, and equipment; the funding of accounts and reserves that the <span class=\"dictionary\">Authority<\/span> may require; the reasonable costs of financing incurred by the <span class=\"dictionary\">local government<\/span> in the course of the development of the project; carrying charges incurred prior to completion of the project; and the cost of other items that the <span class=\"dictionary\">Authority<\/span> determines to be reasonable and necessary.\n\t\t&#8220;<span class=\"dictionary\">Defective drywall<\/span>&#8221; means drywall or similar building <span class=\"dictionary\">material<\/span> composed of dried gypsum-based plaster that (i) contains elemental sulfur exceeding 10 parts per million as has been found in some drywall manufactured in the People&#8217;s Republic of China and imported into the United States between 2004 and 2007 and, when exposed to heat, humidity, or both, releases elevated levels of hydrogen sulfide gas into the air or (ii) has been designated by the U.S. Consumer Product Safety Commission as a product with a product defect that constitutes a substantial product hazard within the meaning of \u00a7&nbsp;15 (a)(2) of the Consumer Product Safety Act (15 U.S.C. \u00a7&nbsp;2064 (a)(2)).\n\t\t&#8220;<span class=\"dictionary\">Department<\/span>&#8221; means the <span class=\"dictionary\">Department<\/span> of Housing and Community Development.\n\t\t&#8220;<span class=\"dictionary\">Director<\/span>&#8221; means the <span class=\"dictionary\">Director<\/span> of the <span class=\"dictionary\">Department<\/span> of Housing and Community Development.\n\t\t&#8220;<span class=\"dictionary\">Fund<\/span>&#8221; means the Virginia <span class=\"dictionary\">Defective Drywall<\/span> Correction and Restoration Assistance <span class=\"dictionary\">Fund<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Innocent land owner<\/span>&#8221; means a person who holds any title, security interest, or any other interest in residential real property and who acquired that interest after the installation of <span class=\"dictionary\">defective drywall<\/span> occurred.\n\t\t&#8220;<span class=\"dictionary\">Local government<\/span>&#8221; means any county, city, town, municipal corporation, <span class=\"dictionary\">authority<\/span>, district, commission, or political subdivision of the Commonwealth created by the General Assembly or otherwise created pursuant to the <span class=\"dictionary\">laws<\/span> of the Commonwealth or any combination of the foregoing.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 36-156.1)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Authority&#8221; means the Virginia Resources Authority.\n\t\t&#8220;Bona fide prospective purchaser&#8221; means a person who acquires\nownership, or proposes to acquire ownership, of real property affected by\ndefective drywall.\n\t\t&#8220;Cost,&#8221; as applied to any project financed under the provisions of\nthis chapter, means the reasonable and necessary costs incurred for carrying out\nall works and undertakings necessary or incident to the correction or\nelimination of defective drywall. It includes, without limitation, all necessary\ndevelopmental, planning, and feasibility studies, surveys, plans, and\nspecifications; architectural, engineering, financial, legal, or other special\nservices; site assessments, remediation, containment, and demolition or removal\nof existing structures or portions thereof; the discharge of any obligation of\nthe seller of such land, buildings, or improvements; labor; materials,\nmachinery, and equipment; the funding of accounts and reserves that the\nAuthority may require; the reasonable costs of financing incurred by the local\ngovernment in the course of the development of the project; carrying charges\nincurred prior to completion of the project; and the cost of other items that\nthe Authority determines to be reasonable and necessary.\n\t\t&#8220;Defective drywall&#8221; means drywall or similar building material\ncomposed of dried gypsum-based plaster that (i) contains elemental sulfur\nexceeding 10 parts per million as has been found in some drywall manufactured in\nthe People&#8217;s Republic of China and imported into the United States between\n2004 and 2007 and, when exposed to heat, humidity, or both, releases elevated\nlevels of hydrogen sulfide gas into the air or (ii) has been designated by the\nU.S. Consumer Product Safety Commission as a product with a product defect that\nconstitutes a substantial product hazard within the meaning of \u00a7 15 (a)(2) of\nthe Consumer Product Safety Act (15 U.S.C. \u00a7 2064 (a)(2)).\n\t\t&#8220;Department&#8221; means the Department of Housing and Community\nDevelopment.\n\t\t&#8220;Director&#8221; means the Director of the Department of Housing and\nCommunity Development.\n\t\t&#8220;Fund&#8221; means the Virginia Defective Drywall Correction and\nRestoration Assistance Fund.\n\t\t&#8220;Innocent land owner&#8221; means a person who holds any title, security\ninterest, or any other interest in residential real property and who acquired\nthat interest after the installation of defective drywall occurred.\n\t\t&#8220;Local government&#8221; means any county, city, town, municipal\ncorporation, authority, district, commission, or political subdivision of the\nCommonwealth created by the General Assembly or otherwise created pursuant to\nthe laws of the Commonwealth or any combination of the foregoing.\n\nHISTORY: 2010, c. 820; 2012, c. 368.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}