VA Non-Allowable Fees
What Veterans Cannot Pay and Who Covers the Cost
Last updated: March 3, 2026 | 9 minute read
Using a VA loan to buy a home? There are fees you are not allowed to pay.
The VA created a list of prohibited closing costs to protect Veterans from overcharges.
These fees don't disappear. Someone else has to cover them.
This article explains which fees are off-limits, who pays them instead, and what changed in 2024.
In This Article
What Are VA Non-Allowable Fees?
VA non-allowable fees are specific closing costs the Department of Veterans Affairs says Veterans cannot pay. The VA built this list to stop lenders and other parties from stacking extra charges on top of what the program already allows. Think of it as a ceiling on what Veterans can be asked to pay at closing.
The VA loan program has backed more than 28 million home loans since 1944. That scale gives the VA real influence over how lenders behave. The non-allowable fee list is one of the tools it uses to keep costs fair for Veterans. The VA allows borrowers to pay certain fees. Others are strictly off-limits. The table below shows the difference.
| Allowable Fees (Veteran Can Pay) | Non-Allowable Fees (Veteran Cannot Pay) |
|---|---|
| VA appraisal fee | Loan processing or underwriting fees |
| Credit report fee | Document preparation fees |
| Recording fees | Attorney fees (unless for title work) |
| Hazard insurance | Escrow and notary fees for closing |
| VA funding fee | Rate lock-in fees |
| Title insurance | Postage, courier, and tax service fees |
| Survey fees | Appraisals ordered by anyone other than the lender or VA |
| Origination fee (up to 1%) | Prepayment penalties on a prior loan |
The non-allowable list covers a lot of the administrative costs that lenders generate during the loan process. Document prep fees, processing fees, and courier charges are real costs. But under VA rules, lenders absorb those expenses rather than passing them to the Veteran. This is one of the reasons VA loans are often less expensive to close than conventional loans for the same borrower.
You can learn more about how VA loans compare to other options on our mortgage loan programs page. And for a broader look at what to expect from the VA housing assistance program, the VA publishes detailed guidance on its website.
The 1% Rule and Why It Matters
VA guidelines cap lender origination fees at 1% of the loan amount. This is often called the flat fee. A lender can charge this as a single 1% origination fee, or they can itemize specific allowable costs as long as the total stays within that 1% limit. Either approach works.
The non-allowable fee list exists largely because of this cap. Without it, a lender could charge a 1% origination fee and then tack on document prep fees, processing fees, and courier charges on top. The non-allowable list closes that gap. It prevents lenders from getting around the cap by calling the same costs something else.
What the 1% Cap Does Not Cover
The 1% cap applies to lender origination charges. It does not apply to all closing costs. The Veteran can still pay allowable third-party fees, such as the VA appraisal, title insurance, recording fees, and hazard insurance. These sit outside the origination cap and are not subject to the same limit. So the total closing costs a Veteran pays can exceed 1% of the loan amount. The cap only restricts what the lender charges directly.
This distinction matters. We see buyers assume that a VA loan caps all their closing costs at 1%. That's not accurate. The cap targets lender fees only. Third-party costs are separate, and they add up. Getting this clear early changes how you budget for closing.
Who Pays Non-Allowable Fees?
When a non-allowable fee appears in a transaction, it does not simply disappear. It has to be covered by someone other than the Veteran. There are two main options: the seller pays, or the lender absorbs the cost through a credit.
Seller Concessions
VA guidelines allow sellers to pay up to 4% of the loan's reasonable value in seller concessions. These concessions can cover non-allowable fees and other Veteran closing costs. On a $400,000 purchase, that is up to $16,000 the seller can contribute. In practice, the amount a seller is willing to pay depends on the market. So asking for concessions during negotiation is a real strategy, not just a paperwork formality.
In competitive Colorado markets like Denver and Colorado Springs, sellers often push back on concession requests. Colorado VA borrowers may need to be more selective about which non-allowable fees they ask the seller to cover versus which ones the lender handles. In contrast, Florida Veterans in slower markets or areas near military bases often find sellers more willing to negotiate concessions into the deal.
Lender Credits
If the seller won't cover a non-allowable fee, the lender can credit it at closing. This typically appears as a line item on the Closing Disclosure showing the lender offsetting the charge. The CFPB requires lenders to disclose credits clearly on the Closing Disclosure, so you can verify it before you sign. If a non-allowable fee shows up on your CD without a corresponding credit, that is a problem. It means someone made an error, and you should catch it before the table.
This is exactly the kind of detail that gets missed when Veterans navigate the process without a lender who knows VA guidelines inside and out. A lender who processes VA loans regularly should catch non-allowable fees before they reach the closing table, not after.
Both options shift the cost away from the Veteran. Seller concessions require negotiation. Lender credits are arranged with your loan officer before closing.
The Agent Fee Warning
There is a specific situation we see come up, and it catches Veterans off guard. Some real estate agents charge an administrative fee on top of their commission. This might be called a "transaction fee," a "processing fee," or an "admin fee." It is usually a few hundred dollars. And under VA rules, the Veteran cannot pay it.
The problem is that some agents ask the lender to relabel the fee so it looks like something else on the paperwork. This is not allowed. If your agent is charging anything beyond their standard commission, that charge needs to either be covered by the seller or removed entirely. There is no version of that fee that a Veteran buyer can legally pay on a VA loan.
"Agent admin fees are one of the most common non-allowable charges I see try to slip through on a VA transaction. An agent calls it a transaction fee, the lender doesn't flag it, and suddenly it's sitting on the closing disclosure waiting for someone to catch it. Veterans should ask their agent upfront if they charge anything beyond commission, and get the answer in writing."
Reed Letson, Owner, Elevation Mortgage
The fix is simple. Before you sign a buyer's agent agreement, ask directly: "Do you charge any fee beyond your commission?" If the answer is yes, get the details in writing. Then share that information with your lender. A lender who knows VA guidelines will catch the issue before it becomes a closing problem.
What Changed in 2024
For years, real estate agent commissions were listed as a VA non-allowable fee. Veterans could not pay their buyer's agent directly. That rule changed in 2024. Following changes to buyer agent compensation practices triggered by the National Association of Realtors settlement, the VA updated its guidance to allow Veterans to pay their buyer's agent commission directly.
This was a meaningful shift. Before 2024, sellers almost always covered buyer's agent commissions as part of the deal. When that practice started to change across the industry, VA borrowers were caught in a difficult spot. They couldn't pay their agent directly under old guidelines, but some sellers were no longer covering it either. The VA resolved that conflict by making buyer's agent commissions an allowable cost for Veterans.
What This Means Going Forward
Veterans can now negotiate and pay their buyer's agent commission directly if needed. That said, sellers can still offer to cover it. And buyer's agents who work frequently with VA buyers often structure compensation in ways that keep costs manageable. The key point is that Veterans are no longer blocked from using their VA benefit just because a seller won't cover the agent's fee.
Because this change is recent, not every lender or agent has updated their understanding of the rules. If someone tells you that agent commissions are always non-allowable on a VA loan, that information is out of date. This is one of several reasons why working with a lender who stays current on VA guidelines matters more than most buyers realize.
Common Mistakes Veterans Make
Assuming Non-Allowable Fees Just Go Away
Veterans sometimes think that if a fee is non-allowable, it simply won't appear on their closing documents. It often does appear. The difference is that it should be offset by a credit from the lender or paid by the seller. If you see a non-allowable fee on your Closing Disclosure without a matching credit, flag it immediately.
Not Reviewing the Closing Disclosure Carefully
The Closing Disclosure is a multi-page document and most buyers review it quickly. Non-allowable fees buried in Section B or C of the CD are easy to miss. Lenders are required to send the CD at least three business days before closing. Use that time to go through each line item. Per CFPB guidance, any fee that changed significantly from your Loan Estimate may require a revised CD and a new waiting period. That is leverage you can use.
Working with a Lender Who Doesn't Know VA Guidelines
Not every lender processes VA loans regularly. A lender who handles mostly conventional or FHA loans may not catch non-allowable fees proactively. In our experience, this is where errors happen most often. The lender isn't trying to overcharge — they just don't know the rules well enough to catch the problem before it reaches the closing table.
Questions to Ask Your Lender
- Can you walk me through each fee on my Loan Estimate and tell me which ones are VA non-allowable?
- If a non-allowable fee appears, will you issue a lender credit to cover it, or do we need to negotiate that with the seller?
- My real estate agent charges an admin fee on top of their commission. How does that get handled on a VA loan?
- How are you charging your origination fee — as a flat 1% or as itemized costs? What is included in that?
- Given the 2024 changes, can I pay my buyer's agent commission directly if needed, or does that still need to come from the seller?
- How many VA loans do you close per month? (This gives you a sense of how familiar they are with the guidelines.)
See the Full Home Buying Picture
Knowing which fees you can and cannot pay is just one piece of the VA loan process. Our Home Buyer Road Map walks you through every step, from getting pre-approved to closing day, so nothing catches you off guard.
View the Home Buyer Road MapFrequently Asked Questions
What are VA non-allowable fees?
VA non-allowable fees are closing costs the Department of Veterans Affairs prohibits Veterans from paying directly. Common examples include loan processing fees, document preparation charges, attorney fees (unless for title work), and escrow fees. These costs must be covered by the lender or the seller instead.
Who pays VA non-allowable fees if the Veteran cannot?
Either the lender or the seller covers non-allowable fees. Sellers can contribute up to 4% of the loan's reasonable value in concessions, which can include these fees. If the seller won't pay, the lender typically issues a credit on the Closing Disclosure to offset the charge.
Did the VA change the rules on real estate agent fees in 2024?
Yes. In 2024, following changes to industry practices from the National Association of Realtors settlement, the VA updated its guidance to allow Veterans to pay their buyer's agent commission directly. Before this change, buyer's agent commissions were treated as non-allowable. Veterans are no longer blocked from using their VA benefit if a seller won't cover the agent's fee.
What happens if a non-allowable fee appears on my Closing Disclosure?
Do not sign until it's resolved. Contact your loan officer and ask them to either issue a lender credit for the amount or have the seller cover it. If the fee appeared without a corresponding credit, that is an error. The CFPB requires lenders to disclose all credits clearly, so any non-allowable fee without a matching credit needs to be corrected before closing.
Can my real estate agent charge an admin fee on a VA loan?
Not if the Veteran is being asked to pay it. Agent admin fees charged on top of standard commission are non-allowable. If your agent charges one, it must be covered by the seller or removed from the transaction. Ask your agent before signing any agreement whether they charge anything beyond their commission. Get the answer in writing.
Reed Letson
Owner, Elevation Mortgage | NMLS #1655924
Reed has 20+ years of experience in mortgage lending, including managing loan officers across a range of markets and loan types. That background gives him a clear view of where the process breaks down and where less experienced originators tend to miss things. Elevation Mortgage is an independent brokerage, so Reed works with multiple lenders to find the right fit for each borrower rather than pushing one product lineup.