{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1905.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1905.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1905.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1905.html"}],"law_id":75275,"edition_id":1,"section_id":75275,"structure_id":14089,"section_number":"55.1-1905","catch_line":"Local ordinances; nonconforming conversion condominiums; applicability of Uniform Statewide Building Code; other regulations","history":"1974, c. 416, \u00a7 55-79.43; 1975, c. 415; 1982, c. 663; 1991, c. 497; 2006, cc. 9, 317; 2019, c. 712.","full_text":"A\n\nNo zoning or other land use ordinance shall prohibit condominiums solely on the basis of the form of ownership, nor shall any condominium be treated differently by any zoning or other land use ordinance that would permit a physically identical project or development under a different form of ownership. Except as provided in subsection E, no local government may require further review or approval to record condominium instruments when a property has previously complied with subdivision, site plan, zoning, or other applicable land use regulations.B\n\nSubdivision and site plan ordinances in any locality shall apply to any condominium in the same manner as such ordinances would apply to a physically identical project or development under a different form of ownership; however, the declarant need not apply for or obtain subdivision approval to record condominium instruments if site plan approval for the land being submitted to the condominium has first been obtained.C\n\nDuring development of a condominium containing additional land or withdrawable land, phase lines created by the condominium instruments shall not be considered property lines for purposes of subdivision. If the condominium can no longer be expanded by the addition of additional land, then the owner of the land not part of the condominium shall subdivide such land prior to its conveyance, unless such land is subject to an approved site plan as provided in subsection B, or prior to modification of such approved site plan. In the event of any conveyance of land within phase lines of the condominium, the condominium and any lot created by such conveyance shall be deemed to comply with the local subdivision ordinance, provided that such land is subject to an approved site plan.D\n\nDuring the period of declarant control and as long as the declarant has the right to create additional units or to complete the common elements, the declarant has the authority to execute, file, and process any subdivision, site plan, zoning, or other land use applications or disclosures, including related conditional zoning proffers and agreements that do not create an affirmative obligation on the unit owners’ association without its consent, with respect to the common elements or applications affecting more than one unit, notwithstanding that the declarant is not the owner of the land.\n\t\t\tIn accordance with subsection B of § 55.1-1956, once the declarant no longer has such authority, the executive board of the unit owners’ association, if any, and if not, then a representative duly appointed by the unit owners’ association, shall have the authority to execute, file, and process any subdivision, site plan, zoning, or other land use applications or disclosures, including related conditional zoning proffers and agreements that do not create an affirmative obligation on the declarant without its consent, with respect to the common elements or applications affecting more than one unit, notwithstanding that the unit owners’ association is not the owner of the land. Such applications shall not adversely affect the rights of the declarant to develop additional land. For purposes of obtaining building and occupancy permits, the unit owner, including the declarant if the declarant is the unit owner, shall apply for permits for the unit, and the unit owners’ association shall apply for permits for the common elements, except that the declarant shall apply for permits for convertible land.E\n\nLocalities may provide by ordinance that the declarant of a proposed conversion condominium that does not conform to the zoning, land use, and site plan regulations of the respective locality in which the property is located shall secure a special use permit, a special exception, or a variance, as the case may be, prior to such property’s becoming a conversion condominium. The local authority shall grant a request for such a special use permit, special exception, or variance filed on or after July 1, 1982, if the applicant can demonstrate to the reasonable satisfaction of the local authority that the nonconformities are not likely to be adversely affected by the proposed conversion. The local authority shall not unreasonably delay action on any such request. In the event of an approved conversion to condominium ownership, a locality, sanitary district, or other political subdivision may impose such charges and fees as are lawfully imposed by such locality, sanitary district, or political subdivision as a result of construction of new structures to the extent that such charges and fees, or portions of such charges and fees, imposed upon property subject to such conversions may be reasonably related to greater or additional services provided by the locality, sanitary district, or political subdivision as a result of the conversion.F\n\nNothing in this section shall be construed to permit application of any provision of the Uniform Statewide Building Code (§ 36-97 et seq.) or any local ordinances regulating design and construction of roads, sewer and water lines, stormwater management facilities, and other public infrastructure to a condominium in a manner different from the manner in which such provision is applied to other buildings of similar physical form and nature of occupancy.","order_by":null,"text":{"0":{"id":270296,"text":"No zoning or other land use ordinance shall prohibit condominiums solely on the basis of the form of ownership, nor shall any condominium be treated differently by any zoning or other land use ordinance that would permit a physically identical project or development under a different form of ownership. Except as provided in subsection E, no local government may require further review or approval to record condominium instruments when a property has previously complied with subdivision, site plan, zoning, or other applicable land use regulations.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270297,"text":"Subdivision and site plan ordinances in any locality shall apply to any condominium in the same manner as such ordinances would apply to a physically identical project or development under a different form of ownership; however, the declarant need not apply for or obtain subdivision approval to record condominium instruments if site plan approval for the land being submitted to the condominium has first been obtained.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":270298,"text":"During development of a condominium containing additional land or withdrawable land, phase lines created by the condominium instruments shall not be considered property lines for purposes of subdivision. If the condominium can no longer be expanded by the addition of additional land, then the owner of the land not part of the condominium shall subdivide such land prior to its conveyance, unless such land is subject to an approved site plan as provided in subsection B, or prior to modification of such approved site plan. In the event of any conveyance of land within phase lines of the condominium, the condominium and any lot created by such conveyance shall be deemed to comply with the local subdivision ordinance, provided that such land is subject to an approved site plan.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":270299,"text":"During the period of declarant control and as long as the declarant has the right to create additional units or to complete the common elements, the declarant has the authority to execute, file, and process any subdivision, site plan, zoning, or other land use applications or disclosures, including related conditional zoning proffers and agreements that do not create an affirmative obligation on the unit owners’ association without its consent, with respect to the common elements or applications affecting more than one unit, notwithstanding that the declarant is not the owner of the land.\n\t\t\tIn accordance with subsection B of § 55.1-1956, once the declarant no longer has such authority, the executive board of the unit owners’ association, if any, and if not, then a representative duly appointed by the unit owners’ association, shall have the authority to execute, file, and process any subdivision, site plan, zoning, or other land use applications or disclosures, including related conditional zoning proffers and agreements that do not create an affirmative obligation on the declarant without its consent, with respect to the common elements or applications affecting more than one unit, notwithstanding that the unit owners’ association is not the owner of the land. Such applications shall not adversely affect the rights of the declarant to develop additional land. For purposes of obtaining building and occupancy permits, the unit owner, including the declarant if the declarant is the unit owner, shall apply for permits for the unit, and the unit owners’ association shall apply for permits for the common elements, except that the declarant shall apply for permits for convertible land.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":270300,"text":"Localities may provide by ordinance that the declarant of a proposed conversion condominium that does not conform to the zoning, land use, and site plan regulations of the respective locality in which the property is located shall secure a special use permit, a special exception, or a variance, as the case may be, prior to such property’s becoming a conversion condominium. The local authority shall grant a request for such a special use permit, special exception, or variance filed on or after July 1, 1982, if the applicant can demonstrate to the reasonable satisfaction of the local authority that the nonconformities are not likely to be adversely affected by the proposed conversion. The local authority shall not unreasonably delay action on any such request. In the event of an approved conversion to condominium ownership, a locality, sanitary district, or other political subdivision may impose such charges and fees as are lawfully imposed by such locality, sanitary district, or political subdivision as a result of construction of new structures to the extent that such charges and fees, or portions of such charges and fees, imposed upon property subject to such conversions may be reasonably related to greater or additional services provided by the locality, sanitary district, or political subdivision as a result of the conversion.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":270301,"text":"Nothing in this section shall be construed to permit application of any provision of the Uniform Statewide Building Code (§ 36-97 et seq.) or any local ordinances regulating design and construction of roads, sewer and water lines, stormwater management facilities, and other public infrastructure to a condominium in a manner different from the manner in which such provision is applied to other buildings of similar physical form and nature of occupancy.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14089,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13018,"metadata":{},"date_created":"2026-06-26 03:46:51","date_modified":"2026-06-26 03:46:51","permalink":{"id":246625,"object_type":"structure","relational_id":14089,"identifier":"1","token":"55.1\/IV\/19\/1","url":"\/55.1\/IV\/19\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13018,"edition_id":1,"name":"Virginia Condominium Act","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":246623,"object_type":"structure","relational_id":13018,"identifier":"19","token":"55.1\/IV\/19","url":"\/55.1\/IV\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12914,"edition_id":1,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":246473,"object_type":"structure","relational_id":12914,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55215,"structure_id":14089,"section_number":"55.1-1900","catch_line":"Definitions","url":"\/55.1-1900\/","token":"55.1\/IV\/19\/1\/55.1-1900","metadata":false},{"id":76143,"structure_id":14089,"section_number":"55.1-1901","catch_line":"Application and construction of chapter","url":"\/55.1-1901\/","token":"55.1\/IV\/19\/1\/55.1-1901","metadata":false},{"id":73164,"structure_id":14089,"section_number":"55.1-1902","catch_line":"Variation by agreement","url":"\/55.1-1902\/","token":"55.1\/IV\/19\/1\/55.1-1902","metadata":false},{"id":63034,"structure_id":14089,"section_number":"55.1-1903","catch_line":"Separate assessments, titles, and taxation","url":"\/55.1-1903\/","token":"55.1\/IV\/19\/1\/55.1-1903","metadata":false},{"id":71923,"structure_id":14089,"section_number":"55.1-1904","catch_line":"Association charges","url":"\/55.1-1904\/","token":"55.1\/IV\/19\/1\/55.1-1904","metadata":false},{"id":75275,"structure_id":14089,"section_number":"55.1-1905","catch_line":"Local ordinances; nonconforming conversion condominiums; applicability of Uniform Statewide Building Code; other regulations","url":"\/55.1-1905\/","token":"55.1\/IV\/19\/1\/55.1-1905","metadata":false},{"id":57723,"structure_id":14089,"section_number":"55.1-1906","catch_line":"Eminent domain","url":"\/55.1-1906\/","token":"55.1\/IV\/19\/1\/55.1-1906","metadata":false}],"previous_section":{"id":71923,"structure_id":14089,"section_number":"55.1-1904","catch_line":"Association charges","url":"\/55.1-1904\/","token":"55.1\/IV\/19\/1\/55.1-1904","metadata":false},"next_section":{"id":57723,"structure_id":14089,"section_number":"55.1-1906","catch_line":"Eminent domain","url":"\/55.1-1906\/","token":"55.1\/IV\/19\/1\/55.1-1906","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1905\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 416 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. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. 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. Those modifications are as follows: in 1975, chapter 415; in 1982, chapter 663; in 1991, chapter 497; in 2006, chapters 9<\/a> and 317<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":78167,"section_number":"36-97","catch_line":"Definitions","order_by":null,"url":"\/36-97\/"},{"id":76691,"section_number":"55.1-1956","catch_line":"Control of common elements","order_by":null,"url":"\/55.1-1956\/"}],"permalink":{"id":246647,"object_type":"law","relational_id":75275,"identifier":"55.1-1905","token":"55.1\/IV\/19\/1\/55.1-1905","url":"\/55.1-1905\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1905\/","token":"55.1\/IV\/19\/1\/55.1-1905","dublin_core":{"Title":"Local ordinances; nonconforming conversion condominiums; applicability of Uniform Statewide Building Code; other regulations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1905","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No zoning or other land<\/span> use ordinance<\/span> shall prohibit condominiums<\/span> solely on the basis of the form of ownership, nor shall any condominium<\/span> be treated differently by any zoning or other land<\/span> use ordinance<\/span> that would permit a physically identical project or development under a different form of ownership. Except as provided in subsection E, no local government may require further review or approval to record condominium<\/span> instruments when a property has previously complied with subdivision, site plan, zoning, or other applicable land<\/span> use regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subdivision and site plan ordinances<\/span> in any locality shall apply to any condominium<\/span> in the same manner as such ordinances<\/span> would apply to a physically identical project or development under a different form of ownership; however, the declarant<\/span> need not apply for or obtain subdivision approval to record condominium<\/span> instruments if site plan approval for the land<\/span> being submitted to the condominium<\/span> has first been obtained. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> During development of a condominium<\/span> containing additional land<\/span> or withdrawable land<\/span>, phase lines created by the condominium<\/span> instruments shall not be considered property lines for purposes of subdivision. If the condominium<\/span> can no longer be expanded by the addition of additional land<\/span>, then the owner of the land<\/span> not part of the condominium<\/span> shall subdivide such land<\/span> prior to its conveyance, unless such land<\/span> is subject to an approved site plan as provided in subsection B, or prior to modification of such approved site plan. In the event of any conveyance of land<\/span> within phase lines of the condominium<\/span>, the condominium<\/span> and any lot created by such conveyance shall be deemed to comply with the local subdivision ordinance<\/span>, provided that such land<\/span> is subject to an approved site plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> During the period of declarant<\/span> control and as long as the declarant<\/span> has the right to create additional units<\/span> or to complete the common elements<\/span>, the declarant<\/span> has the authority to execute, file, and process any subdivision, site plan, zoning, or other land use applications or disclosures, including related conditional zoning proffers and agreements that do not create an affirmative obligation on the unit owners<\/span>’ association without its consent, with respect to the common elements<\/span> or applications affecting more than one unit, notwithstanding that the declarant<\/span> is not the owner of the land.\n\t\t\tIn accordance with subsection B of § 55.1-1956<\/a>, once the declarant<\/span> no longer has such authority, the executive board<\/span> of the unit owners<\/span>’ association, if any, and if not, then a representative duly appointed by the unit owners<\/span>’ association, shall have the authority to execute, file, and process any subdivision, site plan, zoning, or other land use applications or disclosures, including related conditional zoning proffers and agreements that do not create an affirmative obligation on the declarant<\/span> without its consent, with respect to the common elements<\/span> or applications affecting more than one unit, notwithstanding that the unit owners<\/span>’ association is not the owner of the land. Such applications shall not adversely affect the rights of the declarant<\/span> to develop additional land. For purposes of obtaining building and occupancy permits, the unit owner<\/span>, including the declarant<\/span> if the declarant<\/span> is the unit owner<\/span>, shall apply for permits for the unit, and the unit owners<\/span>’ association shall apply for permits for the common elements<\/span>, except that the declarant<\/span> shall apply for permits for convertible land<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Localities may provide by ordinance<\/span> that the declarant<\/span> of a proposed conversion condominium<\/span> that does not conform to the zoning, land use, and site plan regulations of the respective locality in which the property is located shall secure a special use permit, a special exception, or a variance, as the case may be, prior to such property’s becoming a conversion condominium<\/span>. The local authority shall grant a request for such a special use permit, special exception, or variance filed on or after July 1, 1982, if the applicant can demonstrate to the reasonable satisfaction of the local authority that the nonconformities are not likely to be adversely affected by the proposed conversion. The local authority shall not unreasonably delay action on any such request. In the event of an approved conversion to condominium ownership, a locality, sanitary district, or other political subdivision may impose such charges and fees as are lawfully imposed by such locality, sanitary district, or political subdivision as a result of construction of new structures to the extent that such charges and fees, or portions of such charges and fees, imposed upon property subject to such conversions may be reasonably related to greater or additional services provided by the locality, sanitary district, or political subdivision as a result of the conversion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall be construed to permit application of any provision of the Uniform Statewide Building Code (§ 36-97<\/a> et seq.) or any local ordinances<\/span> regulating design and construction of roads, sewer and water lines, stormwater management facilities, and other public infrastructure to a condominium in a manner different from the manner in which such provision is applied to other buildings of similar physical form and nature of occupancy. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLOCAL ORDINANCES; NONCONFORMING CONVERSION CONDOMINIUMS; APPLICABILITY OF\nUNIFORM STATEWIDE BUILDING CODE; OTHER REGULATIONS (\u00a7 55.1-1905)\n\nA. No zoning or other land use ordinance shall prohibit condominiums solely on\nthe basis of the form of ownership, nor shall any condominium be treated\ndifferently by any zoning or other land use ordinance that would permit a\nphysically identical project or development under a different form of ownership.\nExcept as provided in subsection E, no local government may require further\nreview or approval to record condominium instruments when a property has\npreviously complied with subdivision, site plan, zoning, or other applicable\nland use regulations.\n\nB. Subdivision and site plan ordinances in any locality shall apply to any\ncondominium in the same manner as such ordinances would apply to a physically\nidentical project or development under a different form of ownership; however,\nthe declarant need not apply for or obtain subdivision approval to record\ncondominium instruments if site plan approval for the land being submitted to\nthe condominium has first been obtained.\n\nC. During development of a condominium containing additional land or\nwithdrawable land, phase lines created by the condominium instruments shall not\nbe considered property lines for purposes of subdivision. If the condominium can\nno longer be expanded by the addition of additional land, then the owner of the\nland not part of the condominium shall subdivide such land prior to its\nconveyance, unless such land is subject to an approved site plan as provided in\nsubsection B, or prior to modification of such approved site plan. In the event\nof any conveyance of land within phase lines of the condominium, the condominium\nand any lot created by such conveyance shall be deemed to comply with the local\nsubdivision ordinance, provided that such land is subject to an approved site\nplan.\n\nD. During the period of declarant control and as long as the declarant has the\nright to create additional units or to complete the common elements, the\ndeclarant has the authority to execute, file, and process any subdivision, site\nplan, zoning, or other land use applications or disclosures, including related\nconditional zoning proffers and agreements that do not create an affirmative\nobligation on the unit owners’ association without its consent, with\nrespect to the common elements or applications affecting more than one unit,\nnotwithstanding that the declarant is not the owner of the land.\n\t\t\tIn accordance with subsection B of § 55.1-1956, once the declarant no\nlonger has such authority, the executive board of the unit owners’\nassociation, if any, and if not, then a representative duly appointed by the\nunit owners’ association, shall have the authority to execute, file, and\nprocess any subdivision, site plan, zoning, or other land use applications or\ndisclosures, including related conditional zoning proffers and agreements that\ndo not create an affirmative obligation on the declarant without its consent,\nwith respect to the common elements or applications affecting more than one\nunit, notwithstanding that the unit owners’ association is not the owner\nof the land. Such applications shall not adversely affect the rights of the\ndeclarant to develop additional land. For purposes of obtaining building and\noccupancy permits, the unit owner, including the declarant if the declarant is\nthe unit owner, shall apply for permits for the unit, and the unit owners’\nassociation shall apply for permits for the common elements, except that the\ndeclarant shall apply for permits for convertible land.\n\nE. Localities may provide by ordinance that the declarant of a proposed\nconversion condominium that does not conform to the zoning, land use, and site\nplan regulations of the respective locality in which the property is located\nshall secure a special use permit, a special exception, or a variance, as the\ncase may be, prior to such property’s becoming a conversion condominium.\nThe local authority shall grant a request for such a special use permit, special\nexception, or variance filed on or after July 1, 1982, if the applicant can\ndemonstrate to the reasonable satisfaction of the local authority that the\nnonconformities are not likely to be adversely affected by the proposed\nconversion. The local authority shall not unreasonably delay action on any such\nrequest. In the event of an approved conversion to condominium ownership, a\nlocality, sanitary district, or other political subdivision may impose such\ncharges and fees as are lawfully imposed by such locality, sanitary district, or\npolitical subdivision as a result of construction of new structures to the\nextent that such charges and fees, or portions of such charges and fees, imposed\nupon property subject to such conversions may be reasonably related to greater\nor additional services provided by the locality, sanitary district, or political\nsubdivision as a result of the conversion.\n\nF. Nothing in this section shall be construed to permit application of any\nprovision of the Uniform Statewide Building Code (§ 36-97 et seq.) or any\nlocal ordinances regulating design and construction of roads, sewer and water\nlines, stormwater management facilities, and other public infrastructure to a\ncondominium in a manner different from the manner in which such provision is\napplied to other buildings of similar physical form and nature of occupancy.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.43; 1975, c. 415; 1982, c. 663; 1991, c. 497;\n2006, cc. 9, 317; 2019, c. 712.","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}}