Local governments in Virginia have long granted approvals like special permits, site plans, and subdivision plats to allow property development. Usually, these approvals stay valid for at least five years from the date they are approved, giving property owners and developers time to start their projects and build according to the original plans.
Over the past 15 years, the state has extended the length of these approvals several times, especially during tough economic times like the 2008 housing crisis and the COVID-19 pandemic. These extensions have given developers more time to begin construction without losing their approvals.
However, recent changes mean these automatic extensions will end. Now, zoning approvals that have not yet been acted upon must start construction or be used lawfully by July 1, 2025. If not, the approvals may expire unless the local government agrees to extend them further. For example, Fairfax County asks developers to submit extension requests before June 30, 2025, to keep their approvals active.
Local governments have some flexibility on how long special permits can last but must provide at least three years for residential projects. If a property owner has approval for a development, those rights are protected during the approval period, meaning changes in zoning laws generally cannot affect the development’s progress unless required by state law or public safety concerns. Property owners and developers will need to pay close attention to deadlines and local rules to avoid losing their development rights and having to go through new approval processes.
