Recent Changes to Florida’s 25% Roof Replacement Rule

Many homeowners in Florida are no stranger to experiencing damage to their roof during hurricane season.  Before May 26, 2022, the rule in Florida was that, if more than 25% of a roof needed to be repaired or replaced, then the entire roof system was required to be replaced to bring the entire roof up to code (the “25% Roof Replacement Rule”).

However, on May 26, 2022, SB 4-D took effect, which eliminated Florida’s 25% Roof Replacement Rule.  Now, so long as the rest of the roof is in compliance with the 2007 Florida Building Code, or any subsequent versions of that code, then a full roof replacement is not required.  The homeowner is only required to have the part of their roof being repaired or replaced brought up to the current version of the Florida Building Code.

Florida Building Code Standards

The current 2020 Florida Building Code provides that:

Not more than 25 percent of the total roof area or roof section of any existing building or structure shall be repaired, replaced, or recovered in any 12-month period unless the entire roofing system or roof section is replaced to conform to requirements of this code.

In other words, if more than 25% of a roof is being repaired, replaced, or recovered in any 12-month period, then the entire roof was required to be replaced to confirm to the requirements of the 2020 Florida Building Code.

New Law: Section 553.884(5), Florida Statutes

Now, as a result of SB-4D, the 25% Roof Replacement Rule is eliminated in certain situations. Section 553.884(5), Florida Statutes provides: 

Notwithstanding any provision in the Florida Building Code to the contrary, if an existing roofing system or roof section was built, repaired, or replaced in compliance with the requirements of the 2007 Florida Building Code, or any subsequent editions of the Florida Building Code, and 25 percent or more of such roofing system or roof section is being repaired, replaced, or recovered, only the repaired, replaced, or recovered portion is required to be constructed in accordance with the Florida Building Code in effect, as applicable. The Florida Building Commission shall adopt this exception by rule and incorporate it in the Florida Building Code. Notwithstanding s. 553.73(4), a local government may not adopt by ordinance an administrative or technical amendment to this exception.

In a nutshell, if a property owner is repairing or replacing more than 25% of its roof, and the existing roof complies with the 2007 Florida Building Code, or any subsequent editions of the Florida Building Code, the property owner is no longer required to have the entire roof replaced. The homeowner will only need to repair or replace the parts of the roof that are damaged.

Chances are, if a roof was constructed or replaced after March 1, 2009 (the effective date of the 2007 Florida Building Code), the roof likely complies with the requirements of the 2007 Florida Building Code, and the property owner will not be required to complete a full roof replacement.  Further, as the Florida Building Code is updated every three years, this change should be reflected in the 2023 Florida Building Code.

Conclusion

If a roof was constructed prior to March 1, 2009, the roof is likely still governed by Florida’s 25% Roof Replacement Rule.  However, if it was constructed after March 1, 2009, homeowners are now able to repair or replace only the parts of their roof that are damaged, instead of repairing the entire roof, resulting in less-costly roof repairs.