A buyer's guide to insurance requirements, FEMA flood zones, elevation information and floodplain building rules.
When buying a Florida home, there are two separate flood-related questions: Will I be required to carry flood insurance? and Is the property subject to floodplain building regulations? They are related, but they are not the same thing.
Standard homeowners insurance generally does not cover flooding from rising water. For many properties located in a FEMA-designated Special Flood Hazard Area, a mortgage lender will require separate flood insurance. These higher-risk areas commonly include flood zones beginning with A or V, such as AE and VE.
If a property is outside a Special Flood Hazard Area, federally mandated flood-insurance requirements may not apply. A lender can still impose its own requirements, and being outside a high-risk zone does not mean the property cannot flood.
A cash buyer generally does not face a lender's insurance requirement, but still assumes the property's flood risk if flood insurance is not purchased.
FEMA publishes official Flood Insurance Rate Maps (FIRMs). A property's flood-zone designation can be researched by address through FEMA's mapping resources, and Sarasota and Manatee Counties also provide local floodplain information.
The map designation is important, but it is not the entire story. Elevation, drainage, construction characteristics and the surrounding site can all affect the property's actual flood risk.
For some properties, an Elevation Certificate may provide useful information about the building's elevations in relation to the mapped flood elevation. If one exists, ask for a copy. Depending on the property and insurer, updated elevation information may also be useful when evaluating insurance and future improvement plans.
This becomes especially important when buying an older or nonconforming home in a flood hazard area and planning substantial renovations.
Floodplain rules generally define a Substantial Improvement as reconstruction, rehabilitation, addition, alteration or other improvement whose cost equals or exceeds 50% of the market value of the structure before the work begins. Land value is not part of that structure-value calculation.
Buyers sometimes hear that a property has a lifetime 50% improvement allowance and that earlier owners can permanently "use up" part or all of it.
Florida's current law does not permit local governments participating in the National Flood Insurance Program to use a cumulative substantial-improvement period. In other words, a new buyer should not assume that prior owners' completed improvements permanently reduce a lifetime pool of allowable improvements.
This is a relatively recent change in Florida law, so older local forms or webpages may still contain language referring to cumulative periods.
No assumption should be made that a single renovation can be divided into multiple permits simply to avoid substantial-improvement review. The local floodplain administrator may look at the actual scope of work and determine what constitutes the project being undertaken.
Substantial-damage rules are also separate. A structure that has been substantially damaged may have to comply with current flood requirements regardless of how much repair work the owner initially plans to perform.
Imagine purchasing an older waterfront or low-elevation home with plans for a major renovation. The home may be perfectly usable today, but the renovation you plan after closing could trigger current floodplain requirements and substantially change the project's cost or feasibility.
That issue exists whether or not you personally carry flood insurance.
Download the concise guide to flood insurance, flood zones and Florida's substantial-improvement rules.
Download the Flood Insurance & Flood Zone GuideI help buyers identify practical property issues early - including insurance, flood-zone considerations and renovation questions - so they can make better-informed decisions before closing.
Scott Norris, REALTOR® | Coldwell Banker Realty
Sarasota • Bradenton • Longboat Key
scottnorris.com
Sources: Florida Statutes §163.31795; Sarasota County floodplain substantial-improvement guidance; Manatee County floodplain management guidance; FEMA flood-mapping and substantial-improvement guidance.
This guide provides general information and is not legal, insurance, engineering or floodplain-management advice. Flood maps, insurance requirements and local building regulations can change. Buyers should verify property-specific information with FEMA, their insurance professional, lender and the appropriate local government.
Seller and buyer resource from By the Numbers: Florida Sun Coast Real Estate Insights.