Real estate is always changing, especially at the state level. In South Carolina, lawmakers have proposed and enacted a few important changes for 2025 that every buyer, seller, and real estate professional should know. While some of these laws are pending final approval, they reflect the direction property law is heading. Others have already taken effect and could directly impact how you buy or sell a home this year.

Understanding local real estate laws is critical for anyone participating in the housing market. South Carolina has specific rules when it comes to who can own land, how property taxes are assessed, and what your rights are during a real estate closing. Here’s what to know in 2025.

Real Estate Laws in South Carolina That Have Changed or Are Changing

Property Tax Rule for Deceased Homeowners

A change to South Carolina’s special property tax assessment law now protects families after the death of a homeowner. Starting in 2025, if the homeowner dies and their property had a special assessment (often called the 4% legal residence rate), that assessment can stay in place until the estate is settled or the deed is transferred. This protects surviving family members from facing sudden tax increases while managing the estate.

This new rule offers welcome relief for many South Carolina families who previously faced rising property taxes after a loved one’s death, even before the estate was settled. To keep the assessment in place, the estate administrator must notify the county assessor, and the process must remain active.

Proposed Law to Restrict Foreign Ownership of Real Estate

A new proposal could limit who is allowed to own property in South Carolina. Bill 3408, introduced in 2025, would prohibit foreign adversaries as defined by the federal government from owning, leasing, or controlling land in the state. It targets individuals and companies connected to countries like China, Russia, Iran, and North Korea.

This bill is still under consideration and has not yet become law, but it reflects increasing concern over national security and land ownership. If passed, the law could affect certain purchases and long-term property leases. Buyers working with corporate entities or foreign nationals should stay informed about this bill’s status.

Update on Required Attorneys at Closing

While not a new law in 2025, it’s important to remember that South Carolina remains one of the states that require a licensed attorney to supervise all real estate closings. That includes reviewing the title, preparing documents, and overseeing the transfer of funds.

This requirement ensures that all real estate transactions in South Carolina are legally sound. Buyers and sellers from out of state might not realize this rule is different from practices in places like Florida or North Carolina.

If you’re buying or selling property in Myrtle Beach, Columbia, or other parts of the state, plan to work with a closing attorney early in the process. It will help avoid surprises and delays later.

Increased Interest in Zoning Reform and Urban Growth

In 2025, several counties and cities in South Carolina are reviewing their zoning ordinances. While not state laws, these changes could affect where you can build, what types of housing are allowed, and how land is divided.

Some areas are relaxing zoning rules to encourage more affordable housing, especially in growing regions like the Grand Strand. If you’re buying property to develop or planning to invest, stay updated on local zoning meetings and proposals.

Zoning changes usually happen at the county or municipal level, so work with a local real estate attorney to understand what regulations apply to your specific property.

Stay Informed and Protected During Your Real Estate Journey

Whether you’re buying your first home, selling property, or investing in real estate, understanding the latest legal updates helps you avoid surprises and protect your investment. Laws in South Carolina continue to evolve, especially when it comes to taxes, ownership, and closing requirements. If you’re planning a real estate transaction in 2025, working with a local attorney can give you the peace of mind you need to move forward with confidence.

Winslow Law serves individuals and families across the Grand Strand with offices in Myrtle Beach and Pawleys Island, as well as the Midlands with an office in Columbia. Our attorneys are proud to assist both longtime South Carolina residents and those newly relocating to our state.

Winslow Law—Committed counselors for our clients and community.

FAQs

1. Has South Carolina passed any laws banning foreign ownership of property?

Not yet. As of September 2025, South Carolina lawmakers are still considering a bill (Bill 3408) that would ban ownership by foreign adversaries. It has not become law, but it’s gaining attention. Buyers and investors connected to foreign governments should monitor the bill’s progress and consult an attorney before purchasing property.

2. Do I still need an attorney to close on a house in South Carolina?

Yes. South Carolina law requires a licensed attorney to be involved in the closing process. The attorney must oversee title work, prepare legal documents, and supervise the final transfer of money and ownership. Skipping this step could void parts of the transaction or lead to legal problems.

3. What happens to property taxes after the homeowner dies?

Starting in 2025, if the deceased had a special property tax assessment (like the 4% legal residence rate), that rate can stay in place until the estate is settled or the deed is recorded under new ownership. This helps prevent unexpected tax hikes while the family manages the estate. However, the estate must remain active and follow the required notification procedures.