A Family Subdivision is defined as the division of a lot into no more than six additional lots for the purpose of sale or as a gift to a member, or members, of the immediate family of the property owner.
No person who has previously received a lot through the Family Subdivision process anywhere in Virginia is eligible to receive a lot through the Family Subdivision in Loudoun County.
An immediate family member is defined as any person who is a natural or legally defined child, stepchild, grandchild, spouse, or parent of the property owner.
The property owner is required to have owned the property for at least one year prior to filing the Family Subdivision.
A lot created through the Family Subdivision process is not eligible for sale for at least one year. For more information about the Family Subdivision Process please reference §1243.03 of the Land Subdivision and Development Ordinance.
Pre-Application Meetings for Family Subdivisions
Although it is not required, property owners are encouraged to briefly discuss the feasibility of a Family Subdivision proposal with a staff member of the Department of Building and Development at a pre-application meeting.
These initial discussions with staff can address possible lot line options, environmental and transportation issues.
Regulations are continually re-evaluated and changed in response to many community factors over time, so applicants are strongly encouraged to contact staff in order to obtain the most recent information available.
Submitting a Family Subdivision Application
If a pre-application meeting is not elected, please submit a completed Land Development Application, the required number of copies of the proposed plat, legal documents, and the fee check to the Department of Building and Development.
A Land Development Application Form with original signatures from all property owner(s) and applicant(s) is required with the initial submission of every Land Development Application.
A plat prepared by a professional engineer or licensed surveyor which has been prepared according to the ZO, LSDO and FSM;
A filing fee based on the current Fee Schedule and made out to Loudoun County;
A Deed of Gift/Conveyance from the Family Subdivision grantor to the grantee(s);
A completed Affidavit which states that the Subdivision is intended to keep the family estate within the family and not for the purpose of short-term investment or circumvention of the County Code (a blank form is available);
If applicable, a Deed of Private Access Easement and Maintenance Agreement;
A Deed of Dedication of Public Road/ Right-of-Way for future road improvements if the total area of dedication is one-half acre or greater.