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Appraisal The appraiser must provide a written narrative format or a commercially Requirements available vacant land appraisal form.
Like all VA appraisals, the appraisal must meet USPAP.
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The appraisal report must include: • property address • legal description • owner of record • assessment and property tax information • property rights appraised • site size • zoning • highest and best use • shape • topography • drainage • availability of utilities • flood zone information • estimated cost of razing any existing improvements which must be considered in market approach •
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which must be considered in market approach • comparable sales grid with three comparable sales, adjusted to indicate the estimated market value of the subject property • Assumptions and Limiting Conditions, and Appraiser Certifications 11-33 Chapter 12 Minimum Property Requirement Overview This chapter contains the following topics
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In this Chapter Topic Topic Name See Page 1 Minimum Property Requirement Procedures 12-3 2 Marketable Real Estate Entity 12-5 3 Space Requirements 12-6 4 Access 12-7 5 Encroachments 12-9 6 Drainage and Topography 12-10 7 Geological or Soil Instability, Subsidence, and Sinkholes 12-11 8 Special Flood Hazard Area 12-13 9 Coastal Barrier Resources System 12-14 10 Lava Flow Hazard Areas 12-15 11
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System 12-14 10 Lava Flow Hazard Areas 12-15 11 Non-Residential Use 12-16 12 Zoning 12-17 13 Local Housing/Planning Authority Code Enforcement 12-18 14 Utilities 12-19 15 Water Supply and Sanitary Facilities 12-20 16 Individual Water Supply 12-22 17 Individual Sewage Disposal 12-24 18 Shared Wells 12-25 19 Community Water Supply/Sewage Disposal Requirements 12-26 20 Hazards 12-27 21 Defective
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Requirements 12-26 20 Hazards 12-27 21 Defective Conditions 12-28 22 Mechanical Systems 12-29 23 Heating 12-30 24 Leased Mechanical Systems and Equipment 12-31 25 Alternative Energy Equipment 12-32 Continued on next page VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 1
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Minimum Property Requirement Procedures, continued a.
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MPRs, continued Topic Topic Name See Page 26 Roof Covering 12-33 27 Attics 12-34 28 Crawl Space 12-35 29 Basements 12-36 30 Swimming Pools 12-37 31 Burglar Bars 12-38 32 Lead-Based Paint 12-39 33 Wood Destroying Insects/Fungus/Dry Rot 12-40 34 Radon Gas 12-42 35 Potential Environmental Problem 12-43 36 Stationary Storage Tanks 12-44 37 Mineral, Oil and Gas Reservations or Leases 12-45 38 High
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Oil and Gas Reservations or Leases 12-45 38 High Voltage Electric Transmission Lines 12-46 39 High Pressure Gas and Liquid Petroleum Pipelines 12-47 40 Properties Near Airports 12-48 41 Manufactured Home Classified as Real Estate 12-49 42 Modular Homes 12-50 43 Energy Conservation and Sustainability 12-51 44 Requests for Waiver of MPR Repairs 12-52 12-2 VA Pamphlet 26-7, Revised Chapter 12:
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12-52 12-2 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 1
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Minimum Property Requirement Procedures Change Date October 18, 2019 • This chapter has been revised in its entirety. a.
MPRs VA has established Minimum Property Requirements (MPRs) to protect the interests of Veterans, lenders, servicers, and VA.
Properties must meet these requirements prior to guaranty of the loan by VA. b.
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Appraisal is While VA-assigned fee appraisers must note any readily apparent repairs that Not a Home are needed, it is important to distinguish the differences between a real estate Inspection appraisal and a home inspection report.
The fee appraiser will not perform operational checks of mechanical systems or appliances.
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The fee appraiser estimates the value of the property to ensure that it is sufficient for the amount of the proposed loan. c.
Safe, Sound, MPRs help ensure that the property is safe, structurally sound, and sanitary.
Sanitary The scope of MPRs also includes issues related to the property’s location and legal considerations. d.
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Appraisal The appraiser will prepare origination appraisals “subject to” the completion Subject to of any MPR repairs that appear to be needed and include the contributory Repairs to value of the completed repairs in the estimated market value.
Liquidation meet MPRs appraisals are prepared “as-is” (see Chapter 11, Topic 20 of this Handbook). e.
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Recommend Appraisers must not prepare appraisals subject to inspections.
The appraiser Repairs, Not must recommend repairs, not inspections, for any conditions that do not appear Inspections to meet MPRs. f.
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Cosmetic The appraiser should not recommend repairs of cosmetic items, items Items involving minor deferred maintenance or normal wear and tear, or items that are inconsequential in relation to the overall condition of the property.
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While minor repairs should not be recommended, the appraiser should consider these items in the overall condition rating when estimating the market value of the property.
Continued on next page 12-3 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 1.
Minimum Property Requirement Procedures Change Date October 18, 2019 • This chapter has been revised in its entirety. a.
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MPRs VA has established Minimum Property Requirements (MPRs) to protect the interests of Veterans, lenders, servicers, and VA.
Properties must meet these requirements prior to guaranty of the loan by VA. b.
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Appraisal is While VA-assigned fee appraisers must note any readily apparent repairs that Not a Home are needed, it is important to distinguish the differences between a real estate Inspection appraisal and a home inspection report.
The fee appraiser will not perform operational checks of mechanical systems or appliances.
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The fee appraiser estimates the value of the property to ensure that it is sufficient for the amount of the proposed loan. c.
Safe, Sound, MPRs help ensure that the property is safe, structurally sound, and sanitary.
Sanitary The scope of MPRs also includes issues related to the property’s location and legal considerations. d.
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Appraisal The appraiser will prepare origination appraisals “subject to” the completion Subject to of any MPR repairs that appear to be needed and include the contributory Repairs to value of the completed repairs in the estimated market value.
Liquidation meet MPRs appraisals are prepared “as-is” (see Chapter 11, Topic 20 of this Handbook). e.
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Recommend Appraisers must not prepare appraisals subject to inspections.
The appraiser Repairs, Not must recommend repairs, not inspections, for any conditions that do not appear Inspections to meet MPRs. f.
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Cosmetic The appraiser should not recommend repairs of cosmetic items, items Items involving minor deferred maintenance or normal wear and tear, or items that are inconsequential in relation to the overall condition of the property.
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While minor repairs should not be recommended, the appraiser should consider these items in the overall condition rating when estimating the market value of the property.
Continued on next page 12-3 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 1.
Minimum Property Requirement Procedures, continued g.
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Detached Detached sheds or other improvments on the site may be included in value if Improvements the improvement meets VA’s MPRs.
If the improvement does not meet MPRs it must be excluded from value.
If the improvement presents a health or safety hazard, the appraisal must be completed subject to the removal of the improvement. h.
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Home After an origination appraisal is completed, the Notice of Value (NOV) that is Inspection issued to the Veteran includes a recommendation that the Veteran may wish to Recommended obtain a home inspection (see Chapter 13, Appendix A of this Handbook). i.
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Local Information about MPRs concerning properties in specific locations are listed Requirements by state at http://www.benefits.va.gov/HOMELOANS/appraiser_cv_local_req.asp. j.
SAH Additional MPRs apply to Specially Adapted Housing (SAH) program cases.
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The Regional Loan Center (RLC) of jurisdiction should be contacted for assistance with SAH questions. 12-4 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 2.
Marketable Real Estate Entity Change Date October 18, 2019 • This chapter has been revised in its entirety. a.
Single Real The property must be a single, readily marketable, real estate entity.
Estate Entity b.
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Estate Entity b.
Multiple More than one parcel or lot may be included as long as all of the property is Parcels contiguous and legally marketable.
VA does not set a limit on the number of acres that the property may have.
If the property being appraised includes more than one parcel, the appraisal must be prepared subject to placing all of the parcels on one deed. c.
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Road or If a property is divided by a road or waterway, the appraiser must determine Waterway the effect on the utility of the property to ensure that the property is a readily Dividing the marketable, real estate entity.
Property 12-5 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 3.
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Space Requirements Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
Space Each living unit must have sufficient space for: Requirements • living, • sleeping, • cooking and dining, and • sanitary facilities. b.
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Non- Non-standard house styles which may be unique in a market area, for example, Standard log houses, earth sheltered houses, dome houses, and houses with lower than Construction normal ceiling heights, must meet any local building codes.
The appraiser must consider the marketability of the home in the appraisal. 12-6 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 4.
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Access Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
Street Each property must be provided with a safe and adequate pedestrian or Access vehicular access from a public or private street with an all-weather surface. b.
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Private Private roads must be: Road Requirements • protected by a permanent easement, and • maintained by a homeowners association or joint maintenance agreement. c.
If a maintenance agreement does not exist, every effort should be made to Maintenance obtain the agreement of all owners of properties on the private road to share Agreement the cost of maintaining the road.
Signatures d.
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Signatures d.
RLC In the absence of an agreement signed by all owners, particularly those of Approval properties located between the subject property and the public road, an Required if agreement by a Veteran to accept responsibility for a disproportionate share of the Veteran is the road must be reasonable in regards to the distance from the subject Accepting property to the public road.
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The RLC of jurisdiction must be contacted in order Additional to approve the agreement.
VA will not accept an agreement in which the Responsibility Veteran accepts sole responsibility for maintaining an unreasonable distance of the private road as this could create a burden for the Veteran as well as future property owners. e.
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Private If private street maintenance is covered in the organizational documents for a Street in PUD planned unit development (PUD) or condominium, or by state law, the NOV or may be issued without a requirement for further documentation.
Condominium f.
Easements Each living unit must be accessible without passing through any other living Must Run with unit or trespassing on adjoining properties.
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Any easements required must run the Land with the land.
Continued on next page 12-7 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 4.
Access, continued g.
Backyard Access to the backyard must be provided without passing through any other Access living unit.
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For a row-type dwelling, the access may be by means of • an alley, • easement, or • passing through the subject dwelling. h.
Exterior Adequate space to perform maintenance of the exterior walls must be present Wall Access between buildings. i.
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Property A building constructed on or next to a property line must be separated from the Constructed adjoining building by a wall extending the full height of the building from the Adjacent to foundation to the ridge of the roof.
Another Property Line 12-8 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 5.
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Encroachments Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
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The appraiser must report any apparent encroachments of the subject’s Encroachments dwelling, garage, or other improvements onto an adjacent property, right-of- way, utility easement, or building restriction line and any apparent encroachments of a neighboring dwelling, garage, or other improvements onto the subject property. b.
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Prompt The appraiser must notify the lender of the encroachment promptly to provide Notification as much time as possible to resolve the issue. 12-9 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 6.
Drainage and Topography Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
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Grading The site must be graded so that it • provides positive, rapid drainage away from the perimeter walls of the dwelling, and • prevents ponding of water on the site. b.
The appraiser must report any danger due to topographic conditions, such as Topographic mudslides from adjoining properties, falling rocks, or avalanches.
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Conditions 12-10 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 7.
Geological or Soil Instability, Subsidence, and Sinkholes Change Date October 18, 2019 • This chapter has been revised in its entirety. a.
Soil The appraiser must report any readily observable soil conditions of the site, Conditions and other physical features that affect the value of the site.
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The appraiser should also consider any published reports regarding the instability of the soil and surface support of the land concerning the subject and nearby properties.
The appraiser must consider any effect on the estimated market value of the property. b.
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Subsidence Subsidence may be encountered where homes are constructed on uncontrolled fill or unsuitable soil, in locations near mining activity or extraction of subsurface minerals (to include fracking), or where the subsoil or subsurface is unstable and subject to slippage or expansion.
Signs of subsidence may include cracks in the terrain, sinkholes, foundation damage or settlement problems. c.
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Dangerous The appraiser must report any probable or imminent danger of subsidence or Subsidence or sinkholes.
Depending on the extent of the problem, it could be considered a Sinkholes hazard (see Topic 20 of this Chapter) which would make the property ineligible.
The appraiser must notify the lender promptly when a hazardous condition is found. d.
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Repairs by If a settlement problem that does not have the severity of a hazard is apparent, Contractor the appraisal must be prepared “subject to repair” by a licensed contractor (for example, step-cracks in an exterior wall, or cracked flooring with significant vertical displacement). e.
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Hairline Minor hairline cracks due to expansion or normal settlement that are common Cracks in the market area do not typically require repair.
Continued on next page 12-11 Continued from previous page 12-11 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 7.
Geological or Soil Instability, Subsidence, and Sinkholes, continued f.
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New or For new or proposed construction properties, in areas that have a history of Proposed geological or soil instability, the builder must submit either: Property • a certification that to the best of the builder’s knowledge and belief, any geological or soil-related hazard has been compensated for in the engineering design of the improvements and no portion of the construction will rest on
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and no portion of the construction will rest on fill, or • evidence from a qualified geologist or engineer that the subject site either does not present unusual geological soils-related hazards or such hazards have been compensated for in the engineering design of the improvements
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. (Qualified geologists are state licensed or are a member of a national or state organization which requires responsibility, experience, education and demonstrated ability in the field of engineering geology.) 12-12 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 8.
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Special Flood Hazard Area Change Date October 18, 2019 • This chapter has been revised in its entirety. a.
Flood Properties located in a FEMA Special Flood Hazard Area (SFHA) must be Insurance covered by a flood insurance policy.
Properties located in a SFHA are not eligible if flood insurance is not available. b.
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Regular Based on the appraiser’s knowledge of the market area, properties that are Flooding subject to regular flooding are not eligible, whether or not the area has been designated an SFHA. c.
Verification While appraisers must provide flood zone information on the appraisal report, of Flood Zone flood zone maps do not typically indicate the location of specific properties.
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Lenders are responsible for verifying the flood zone information. d.
Flood SFHAs are usually designated Zones A, AO, AH, A1-A30, AE, A99, AR, Zones AR/AE, AR/AO, AR/A1-A30, AR/A, V, VE, and V1-V30.
Flood insurance is not required in Zones B, C, X, and D. e.
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Excluding At the Veteran’s request, non-residential improvements such as detached Non- garages and small sheds may be excluded from the flood insurance policy if Residential they are also excluded from the appraised value.
The cost of flood insurance Improvements with and without coverage for the detached building should be compared as excluding a detached building may not be worthwhile. f.
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Private Veterans may elect to obtain private flood insurance instead of obtaining flood Flood insurance through the National Flood Insurance Program.
Insurance 12-13 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 9.
Coastal Barrier Resources System Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
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Eligibility Properties located in Coastal Barrier Resources System (CBRS) areas are not eligible for an appraisal. b.
Appraiser Appraisers who perform appraisals for VA near the Atlantic Ocean, the Great Responsibilities Lakes, the Gulf of Mexico, or the Caribbean Sea must be familiar with any CBRS areas.
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If the appraiser finds that a property on which an appraisal has been ordered is located in a CBRS area, the appraiser must stop work and promptly notify the lender. 12-14 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 10.
Lava Flow Hazard Zones Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
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Appraiser Lava Flow Hazard Zones are designated by the United States Geological Responsibility Survey.
Appraisers who perform appraisals for VA in affected areas must be familiar with these zones. b.
Property Properties in Zones 1 and 2 are not eligible for appraisal.
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If the appraiser Eligibility finds that a property on which an appraisal has been ordered is located in Zone 1 or 2, the appraiser must stop work and promptly notify the lender. c.
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Market If the property is in a Lava Flow Hazard Zone other than Zone 1 or 2, the Value to be appraiser must report the zone information in the appraisal and analyze the Considered effect on market value. 12-15 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 11.
Non-Residential Use Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
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Eligibility A property that has both a residential and business use may be eligible for loan Considerations guaranty if: • the property is primarily for residential use, • the non-residential use does not impair the residential character, • the property contains no more than one business unit, and • the property is legally permitted and conforms to current zoning, or is a legal, non-conforming
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to current zoning, or is a legal, non-conforming use that is accepted by the local authority
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. b.
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No Value to No value may be given to the business operations or commercial fixtures in Business or the appraisal.
Commercial Property 12-16 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 12.
Zoning Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
Zoning The property must comply with all applicable zoning ordinances.
Compliance b.
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Compliance b.
Legal, Non- If the property does not comply with current zoning ordinances, but is Conforming accepted by the local authority, the appraiser must describe the property as Use “Legal Non-Conforming” and comment on the property’s marketability and any adverse effect this classification may have on value.
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The appraiser must state whether or not the dwelling may be legally rebuilt if destroyed. 12-17 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 13.
Local Housing/Planning Authority Code Enforcement Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
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Local If the property is located in an area where specific local housing/planning Authority authority code requirements are enforced in conjunction with the sale of Requirements homes, the appraiser must describe the requirements in the appraisal report. b.
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Repairs If the appraiser is aware of any repairs that will be required due to local code Required by a enforcement, for example, the removal of unpermitted improvements, the Local appraiser must prepare the appraisal subject to these repairs.
Authority 12-18 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 14.
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Utilities Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
Electricity Each living unit must have electricity for lighting and for necessary equipment. b.
Appraiser Since the appraiser does not perform any operational checks of mechanical Not systems or appliances, the utilities are not required to be turned on when the Conducting appraiser visits the property.
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Operational Checks c.
Electrical Any visible frayed or exposed electrical wires must be repaired.
Wires d.
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Utilities for Utility services must be independent for each living unit, except Living Units • units in a two to four-unit property may share water, sewer, gas, or electricity as long as there are separate service shut-offs for each unit, and • units under separate ownership may share connections from the main to the building line when those connections are protected by an easement and a
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connections are protected by an easement and a maintenance agreement acceptable to VA
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. e.
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Access for Individual utilities serving one living unit shall not pass over, under, or Maintenance through another living unit unless there is a legal provision for a permanent and Repair right of access for maintenance and repair of the utilities without trespass on adjoining properties. 12-19 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 15.
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Water Supply and Sanitary Facilities Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
Water and The property must have: Sewer • a continuous supply of safe and potable water for drinking, bathing, showering and sanitary uses, • hot water, • sanitary facilities, and • a safe method of sewage disposal. b.
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Safe Given the importance of safe drinking water, appraisers must ensure that Drinking accurate water supply information is reported in the appraisal and the Staff Water Appraisal Reviewer (SAR) must condition the NOV appropriately.
If the appraiser is aware of any issues regarding the water supply, the appraiser must comment in the appraisal. c.
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Market Appraisers must comment and adjust for any market reaction discovered as a Value result of water contamination, as well as any environmental stigma.
Considerations d.
Filtration of Proper mitigation of lead contaminated water must include a central filtering Water system which filters all water that could serve the property’s occupants.
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When public water must be filtered, the requirements for individual water filtering under Topic 17, Subsection d of this Chapter including a Veteran’s acknowledgement, must be applied.
Information about water filtration is available at http://www.nsf.org/newsroom/consumer-guide-to-nsf- international-certified-lead-filtration-devices.
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Continued on next page 12-20 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 15.
Water Supply and Sanitary Facilities Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
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Water and The property must have: Sewer • a continuous supply of safe and potable water for drinking, bathing, showering and sanitary uses, • hot water, • sanitary facilities, and • a safe method of sewage disposal. b.
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Safe Given the importance of safe drinking water, appraisers must ensure that Drinking accurate water supply information is reported in the appraisal and the Staff Water Appraisal Reviewer (SAR) must condition the NOV appropriately.
If the appraiser is aware of any issues regarding the water supply, the appraiser must comment in the appraisal. c.
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Market Appraisers must comment and adjust for any market reaction discovered as a Value result of water contamination, as well as any environmental stigma.
Considerations d.
Filtration of Proper mitigation of lead contaminated water must include a central filtering Water system which filters all water that could serve the property’s occupants.
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When public water must be filtered, the requirements for individual water filtering under Topic 17, Subsection d of this Chapter including a Veteran’s acknowledgement, must be applied.
Information about water filtration is available at http://www.nsf.org/newsroom/consumer-guide-to-nsf- international-certified-lead-filtration-devices.
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Continued on next page 12-20 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 15.
Water Supply and Sanitary Facilities, continued e.
Individual If the property has an individual water supply see Topic 17 of this Chapter for Water Supply additional requirements. f.
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Individual If the property has an individual sewer supply see Topic 18 of this Chapter for Sewer Supply additional requirements. g.
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Connection If public water or sewer is available and the local authority mandates Mandated by connection, the appraiser must prepare the appraisal “subject to” connection. a Local Authority 12-21 UGH VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 16.
Individual Water Supply Change Date March 28, 2019 • This chapter has been revised in its entirety. a.
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Health Water quality for an individual water supply must meet the requirements of the Authority health authority having jurisdiction.
If the local authority does not have Requirements specific requirements, the guidelines established by the Environmental Protection Agency (EPA) will apply.
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Additional information is available at the following websites: https://www.epa.gov/privatewells/private-drinking- water-well-programs-your-state and https://www.cdc.gov/healthywater/drinking/private/wells/testing.html. b.
Third Party All testing must be performed by a disinterested third party.
This includes Testing collecting and transporting the water sample from the water supply source.
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The sample may be collected and tested by the local health authority, a commercial testing laboratory, a licensed sanitary engineer, or other party that is acceptable to the local health authority.
At no time will the Veteran or other interested party collect and/or transport the sample. c.
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Conditions The appraiser must comment in the appraisal and the Veteran must Requiring a acknowledge awareness in writing when the water to the property is: Veteran’s Signed • supplied by dug wells, cisterns, or holding tanks used in conjunction Statement with water purchased and hauled to the site, • provided with a mechanical chlorinator, • provided through springs, lakes, rivers, sand-point or
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through springs, lakes, rivers, sand-point or artesian wells, or • supplied with a rainwater catchment system
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. d.
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Water If the property has a water filtration system, the Veteran must acknowledge in Filtration writing that the water must be continuously treated as required by the local System health authority to be considered safe for human consumption and for this to be effective, the system must be inspected and maintained to include filter replacements per the manufacturers’ recommendations.
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Continued on next page 12-22 VA Pamphlet 26-7, Revised Chapter 12: Minimum Property Requirements 16.
Individual Water Supply, continued e.
Distance The appraiser must be familiar with the minimum distance requirements Requirements between private wells and sources of pollution.
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