Virginia May Soon Require Data Center Disclosures for Sellers

Will Virginia require sellers to disclose nearby data centers?

Not yet — but it's close. A state-mandated review of Virginia's Residential Property Disclosure Act, reported to the General Assembly on October 1, 2026, recommends adding a new disclosure item for a property's proximity to data centers, along with a simpler, single-document disclosure form. Draft legislation goes to the full Virginia Housing Commission on November 9, 2026, and nothing changes for sellers until lawmakers act in the 2027 session — but if you're buying or selling anywhere near one of Frederick County's active data center fights, this is worth understanding now, not after the rule takes effect.

By ERA OakCrest Realty | October 21, 2026

If you've been watching the data center battles playing out across Frederick County this year, you already know the pattern: a rezoning application, a packed public hearing, a Board of Supervisors vote, and a lot of uncertainty for anyone who owns or wants to buy property nearby. What's getting less attention is a quieter process happening in Richmond that could directly affect what you have to put in writing the next time you sell.

Virginia's Residential Property Disclosure Act — the law that governs the disclosure statement every seller signs — is under formal review. And one of the ideas on the table is a line item asking sellers to disclose whether their property sits near a data center.

Here's what you need to know before you list, and before you write an offer.

Where this review actually stands right now

House Bill 1518, passed during the 2026 General Assembly session, directed the Virginia Housing Commission to take a hard look at the disclosure statute — officially Section 55.1-703 of the Code of Virginia, sometimes called the "buyer beware" statute because it puts most of the burden on buyers to investigate a property's condition rather than requiring sellers to volunteer it.

The Commission convened a stakeholder group that included the Real Estate Board, Virginia REALTORS, and representatives from the Virginia State Bar. Their review covered three things:

• Whether the current list of required disclosures still makes sense, or whether new items should be added
• Whether the disclosure statement itself — currently a multi-step form — should be simplified into something closer to a single signed document with a clearer chart
• Whether the statute's wording needs updating so it's clear the law never excuses outright seller fraud

The Commission's staff reported findings and recommendations on October 1, 2026, as required. According to reporting on the review, the recommendations include consolidating the disclosure into one signed document, adding language clarifying that the statute doesn't permit seller fraud, and — the part that matters most if you're near Clear Brook, Kernstown, Millwood Pike, or the Route 522 corridor — a new disclosure item specifically asking whether the property is near a data center.

A draft of the proposed legislation is scheduled to go before the full Commission on November 9, 2026. If the Commission advances it, the earliest it could become law is during the 2027 General Assembly session. Nothing is required of sellers today. But the direction is clear enough that it's worth planning ahead.

Why this lands differently in Frederick County than almost anywhere else in Virginia

Most of the state doesn't have an active data center fight going on block by block. Frederick County does — three of them, in fact, all already playing out this year:

• The Board of Supervisors rezoned 277 acres on Millwood Pike for a data center and logistics campus, a project that drew resident objections over noise, traffic, and property-value concerns.
• The county then voted to strip data centers out of the zoning ordinance countywide — the first Virginia locality to do so — while carving out exceptions for two already-pending applications near Clear Brook and Kernstown.
• The Gibson Property Rezoning, a roughly 244-acre industrial park proposal near Route 522 and White Post, is headed to a Board vote on October 28, 2026, after the Planning Commission recommended denying it.

If you own property near any of those corridors — or you're shopping for a home there — you're already dealing with the uncertainty these projects create for resale value, traffic, and neighborhood character. A new disclosure requirement wouldn't create that uncertainty. It would just put it in writing.

That's actually the more important point for sellers to understand right now: even without a legal requirement, nothing stops you from disclosing a nearby rezoning, pending application, or zoning change voluntarily. Virginia currently imposes no statutory duty on sellers to volunteer this specific information. Some sellers choose to anyway, because a buyer who finds out about a nearby project after closing — through a neighbor, a sign, or a news story — tends to feel misled, even when nothing was technically required.

What buyers should actually be doing about this today

If you're searching for a home anywhere in Frederick County's growth corridors, don't wait for a disclosure law to tell you what's happening near a property. Build this into your due diligence now:

1. Check the county's planning and zoning case files for any parcel you're seriously considering, especially within a few miles of Millwood Pike, Clear Brook, Kernstown, or the Route 522/White Post area.
2. Ask directly whether the seller or listing agent is aware of any pending rezoning, special use permit, or zoning ordinance change nearby. There's no harm in asking, even where there's no legal duty to answer in the disclosure statement.
3. Review Board of Supervisors meeting agendas for the area, since major rezoning votes are scheduled and posted well in advance.
4. Talk with your agent about the timeline. A project working its way through the approval process today could be fully built, denied, or still in limbo by the time you'd actually be living in the home.

What sellers should think about before this becomes law

If your property sits anywhere near one of these corridors, you have a decision to make now that has nothing to do with whether the Commission's recommendation eventually passes.

• Get ahead of it with a pricing conversation. A knowledgeable local agent can help you understand how nearby development activity is actually affecting comparable sales in your specific area, rather than guessing based on headlines.
• Decide your disclosure approach before you list, not after a buyer's attorney asks about it during due diligence.
• Document what you know and when you knew it. If a disclosure requirement does take effect in 2027, having a clear record of what you've already disclosed voluntarily puts you in a stronger position either way.

This is exactly the kind of situational question worth walking through with your agent before you sign a listing agreement — not because the law has changed, but because the ground underneath it clearly is.

The bigger picture: Virginia is actively rethinking what "buyer beware" means

The data center item is one piece of a larger reform effort. The Commission's broader recommendations — a simplified, single-document disclosure form and clearer language on seller fraud — reflect a genuine rethinking of how much a seller should be expected to volunteer versus how much a buyer is expected to investigate on their own.

For Winchester-area buyers and sellers, that broader shift matters even if the data center item never becomes law. The disclosure form you sign today may look meaningfully different within the next year or two, and the kinds of things it asks about may expand well beyond what's required right now.

What this means if you're buying or selling in the next few months

You don't need to wait for the General Assembly to act before making smart decisions. If you're within reach of any of Frederick County's active rezoning corridors, the smartest move is the same one that's always worked: get current, specific information about your property or the one you're considering, directly from someone who's tracking these cases locally — not a generic disclosure form, current or future.

Every situation is different, and the right move depends on your property's exact location, your timeline, and what's actually moving through the county's approval process right now. That's where a conversation with a local agent who's watching these cases closely makes the difference between guessing and knowing.

Ready to talk through your specific situation? Connect with ERA OakCrest Realty to walk through what's happening near your property and what it means for your next move.

Frequently Asked Questions

Is Virginia requiring sellers to disclose nearby data centers right now?

No. As of this writing, no law requires it. A Virginia Housing Commission review recommended adding this as a disclosure item, with draft legislation going to the full Commission on November 9, 2026. Any actual law change would come from the 2027 General Assembly session at the earliest.

Do I have to tell a buyer about a pending rezoning near my property today?

Virginia's current disclosure law doesn't impose a specific duty to volunteer information about a pending rezoning or zoning change nearby. Some sellers choose to disclose this kind of information voluntarily anyway, particularly when a buyer could easily discover it through public meeting records.

How do I find out if a property is near a pending data center project in Frederick County?

Check the county's Board of Supervisors and Planning Commission meeting agendas, which list active rezoning and conditional use permit applications, and ask your agent to help you track any cases near a property you're considering.

Does a nearby data center project automatically lower my home's value?

Not necessarily. National research on data center projects near residential areas has found mixed effects, with agents split on whether nearby development helps or hurts value. The impact depends heavily on distance, buffers, traffic patterns, and the specific project, which is why a local market analysis matters more than a general assumption.

What's the difference between the current disclosure form and what's being proposed?

Today's form is a multi-step document built around a list of required items. The Commission's recommendation would consolidate it into a single signed document with a clearer chart format, add language clarifying that the law doesn't excuse seller fraud, and potentially add the data center proximity item described above.

About ERA OakCrest Realty
ERA OakCrest Realty is a local team helping buyers and sellers navigate the Winchester and Northern Shenandoah Valley market, covering Frederick, Clarke, and Warren counties. Whether you're searching for your first home, upgrading to new construction, exploring luxury or investment properties, or getting ready to sell, the team walks you through pricing, paperwork, and negotiations with a straight talk, no surprises approach. Ready to talk through your specific situation? Reach out to ERA OakCrest Realty today.