The Open Space Agreement, printed on the form as the Open Space Use Agreement, is the agreement the Loudoun County Commissioner of the Revenue's Land Use Assessment Program uses to record an owner's commitment to keep a parcel in open-space use. It is one of the Loudoun County property tax forms, and it supports taxing a parcel on a use assessment. Each parcel needs its own agreement, signed by the owners in front of a licensed notary. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by the county at loudoun.gov.
Last updated
What is Open Space Agreement – Loudoun County, VA?
The Open Space Agreement, printed as the Open Space Use Agreement, is the Loudoun County form in which a parcel owner commits to preserve open-space use so the parcel can be taxed on a use assessment.
The agreement is made between the owner and the County of Loudoun. It recites that the property meets the criteria for open-space use under Article 4 (§58.1-3229 et seq.) of Chapter 32 of Title 58.1 of the Code of Virginia, and that the owner has applied for use-assessment taxation under §58.1-3234 and Chapter 848 of the Codified Ordinances of Loudoun County, Virginia. The County agrees to extend use-assessment taxation starting with the next succeeding tax year, for the term of the agreement.
In return the owner accepts restrictions for the whole term. These cover changing the use of the property, signs and billboards, structures, trash, filling or excavating, fences that block scenic views, removal of vegetation, industrial or commercial activity, and splitting off lots. The property may be sold only as the same entire parcel.
The agreement runs with the land and binds successors and heirs. It is recorded in the Clerk's Office of the Circuit Court of Loudoun County at the owner's expense. If the qualifying use changes to a nonqualifying use, or zoning changes to a more intensive use at the owner's request, roll-back taxes apply under §58.1-3237 of the Code of Virginia.
Who needs to file Open Space Agreement – Loudoun County, VA?
Owners of a parcel in Loudoun County who want it taxed on a use assessment as open-space land complete this agreement under the county's Land Use Assessment Program. The agreement states that the owner has submitted an application for that taxation.
Conditions in the form's instructions:
- Every owner named on the deed is named on the agreement and signs it. If the parcel is held in a trust, "TR" or "Trust" is added after the name.
- A separate agreement is completed for each parcel of land.
- If a parcel has more than two owners, add lines so each owner signs on a separate line.
- The agreement is signed in front of a licensed notary, who completes the notary section.
Owners do not date the agreement and do not sign page 5. County staff date it when the Board of Supervisors signs, and the Chair of the Board of Supervisors signs page 5 in front of a notary.
When to file Open Space Agreement – Loudoun County, VA
The instructions ask you to submit the signed, notarized agreement no later than November 1st of the current year so it can be fully processed in time to go into effect on January 1.
The agreement is effective on acceptance by the County. The real estate tax is not extended on the basis of use value until the next succeeding tax year after you make a timely application for use assessment under Chapter 848 of the Codified Ordinances of Loudoun County, Virginia.
The agreement then stays in effect for the number of consecutive years you enter on page 3, Item 3. Historic resource, scenic resource and comprehensive planning terms can run from seven to ten years. Protection of farmland for future agricultural use must be a minimum of ten years. After termination, the property is assessed at fair market value unless the County determines otherwise under applicable law.
Documents you need
- Check payable to Clerk of the Circuit Court, submitted with the signed agreement to the Commissioner of the Revenue's office; the amount is printed in the instructions on the form.
- Exhibit A, the description of the property, which the agreement states is attached and incorporated into it.
- Notarization of the owners' signatures: each owner signs on page 6 in front of a licensed notary, who completes the rest of that page.
How to fill out Open Space Agreement – Loudoun County, VA
Leave the agreement date blank
At the top of page 1, do not date the agreement. County staff enter the date when the Board of Supervisors signs it.
Print the owner names
In the owner space at the top of page 1, clearly print the names of all parcel owners exactly as they appear on the deed. If the parcel is in a trust, include "TR" or "Trust".
Enter the Parcel Identification Number
On page 1, Item 1, write the Loudoun County Parcel Identification Number (PIN). Complete a separate agreement for each parcel.
State the reason for preservation
On page 1, Item 3a, write in the reason the property should be provided or preserved, in legible handwriting or print.
Enter the length of the agreement
On page 3, Item 3, write the number of consecutive years. Historic resource, scenic resource and comprehensive planning terms may be seven to ten years; farmland protection must be at least ten years.
Leave page 5 blank
Do not write or sign on page 5. The Chair of the Board of Supervisors signs it in front of a notary.
Sign before a licensed notary
On page 6, each owner signs in the notary's presence exactly as the name is printed on page 1, adding "TR" or "Trust" if used there. For more than two owners, add lines so each signs separately.
Have the notary complete page 6
The notary prints the owner names as on page 1 and fills in the rest of the certificate. If the jurisdiction is not Loudoun County, Virginia, the notary strikes through the county and/or state and prints the correct one.
Review, download and assemble
Check names, PIN and term, then download or print the completed PDF from FillingPDF. Assemble it with the check payable to Clerk of the Circuit Court and submit it as described under How to submit.
How to submit Open Space Agreement – Loudoun County, VA
Submit the completed agreement to the Commissioner of the Revenue's office, with a check payable to Clerk of the Circuit Court. The instructions printed on the form state the check amount; call the office for confirmation.
- To the Commissioner of the Revenue's office: bring or send the agreement after the owners have signed it before a licensed notary. The instructions give no street address or delivery method, so confirm how to deliver it by calling 703-777-0260.
- Document Upload Portal: the county's Tax Assessment & Tax Relief Forms page says completed forms with sensitive personal identifying information should go through its secure Document Upload Portal. Ask the office whether this applies to your agreement.
- Notarization: the same county page says notary staff offer remote online notarization for specific forms and lists how to check availability. Ask whether this form qualifies.
Staff then deliver the agreement to the Board of Supervisors for its notarized signature. The agreement must be signed by the Board before it can be recorded in the Office of the Clerk of the Circuit Court. Recording is at the owner's expense. FillingPDF lets you fill out and download the PDF; submission follows the county's channels above.
Common mistakes to avoid
- Dating the agreement at the top of page 1; staff enter the date when the Board of Supervisors signs.
- Printing owner names differently from the deed, or leaving off "TR" or "Trust" when the parcel is held in a trust.
- Combining several parcels in one agreement; a separate agreement is required for each parcel of land.
- Writing a farmland term shorter than ten years; protection of farmland for future agricultural use must be a minimum of ten years.
- Writing on page 5, which is left blank for the Chair of the Board of Supervisors to sign before a notary.
- Signing page 6 outside the presence of a licensed notary, or signing a name that differs from the one printed on page 1.
- Not striking through the county or state name and printing your own jurisdiction when the notary is outside Loudoun County, Virginia.
- Submitting after November 1st and expecting the agreement to be processed in time for January 1, or sending illegible or incorrectly completed pages, which may delay processing.
Frequently asked questions
What is the Loudoun County Open Space Agreement?
It is the agreement, printed as the Open Space Use Agreement, in which a parcel owner commits to the County of Loudoun to preserve open-space use. It supports taxing the parcel on a use assessment under the Land Use Assessment Program and is recorded with the Circuit Court.
Do I date the Open Space Agreement myself?
No. The instructions say not to date the agreement at the top of page 1. County staff complete the date when the Board of Supervisors signs it. You only date your own notarized signature block through the notary's certificate.
How many years should the open space agreement last?
It depends on the reason. Historic resource protection, scenic resource protection, and comprehensive planning and community development can each run seven to ten years. Protection of farmland for future agricultural use must be at least ten years. Enter the term on page 3, Item 3.
When do I have to submit the Open Space Agreement?
The Commissioner of the Revenue asks for it no later than November 1st of the current year. That timing lets the agreement be fully processed so it can go into effect on January 1.
Do I need a separate agreement for each parcel?
Yes. The instructions say a separate Open Space Use Agreement must be completed for each parcel of land, each with its own Parcel Identification Number on page 1, Item 1.
Does the Open Space Agreement need to be notarized?
Yes. Page 6 must be signed by each owner in the presence of a licensed notary, who completes the rest of the page. The Chair of the Board of Supervisors signs page 5 separately before a notary.
Is there a fee to submit the Open Space Agreement?
Yes. A check payable to Clerk of the Circuit Court goes with the agreement to the Commissioner of the Revenue's office; the amount is in the instructions on the form. Recording is also at the owner's expense. For questions, call 703-777-0260.
Can I fill out the Open Space Agreement online on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of Loudoun County and does not file or notarize the agreement; you submit it through the county's channels after signing before a notary.
What happens if the land use changes after I sign?
Roll-back taxes apply under §58.1-3237 of the Code of Virginia if the open-space use changes to a nonqualifying use, or if zoning changes to a more intensive use at the owner's request. Affected portions of the property are subject to them.
Ready to fill out Open Space Agreement – Loudoun County, VA?
Fill out Open Space Agreement – Loudoun County, VA now