Buying a home in the Florida Keys – Downstairs Enclosures

Buying a home in the Florida Keys with a Downstairs Enclosure? 

If you answered yes, then you are going to want to know about this crucial information if the home you are buying has a downstairs enclosure.

Ordinance No. 026-2022. – Enclosures

Monroe County passed Ordinance No. 026-2022.  A copy of the the full ordinance can be found here.

The county has recently enacted an ordinance mandating inspections of enclosed spaces below elevated residential structures, which must be completed before the transfer of ownership. This regulation applies to enclosed areas that were constructed on or after June 15, 1973. Specifically, the seller is responsible for arranging the required inspection.The inspection must take place no earlier than 180 days before the property is transferred.

How do you order an inspection for a Downstairs Enclosure?

As long as the ordinance remains in place, it is presently unfeasible for anyone to adhere to it.  

At present, there is no means of requesting one of these inspections. There has also been no determination of the associated cost. The County is still uncertain about the specific format these inspections will take. As well as the timeline for scheduling, conducting, and reporting the results. It is unclear whether the County will mandate a current Elevation Certificate for the property.  In addition, if they will ask for and/or approved building plans before proceeding with the inspection. Numerous downstairs enclosures that comply with existing regulations may become non-compliant once the new Flood Elevations and Flood Zones take effect.

Penalties

Under the Ordinance, buyers have the option to pursue substantial penalties against sellers if they fail to comply with the regulations. Even though sellers are currently unable to comply, this does not necessarily prevent buyers from making a claim in the future if the County discovers that the property is not in compliance. The Ordinance does not prevent the County from mandating property owners to bring their property into compliance following these inspections. However, the purpose of these inspections, as stated in the Ordinance, is to document properties that are not in compliance and to enforce compliance when a permit application is submitted for the property.

That determination will apparently be made by someone with authority on a case by case basis so we will have to see how the County will administer their options. 

In the next 3-4 weeks we should have more information as to how the County will implement this ordinance.

Buying a home in the Florida Keys –Update

1. The Commission passed a resolution stating that lawsuits against sellers for failure of receiving an inspection under the prior and current ordinance are barred for failure of the county to provide inspections.  In the resolution the county agreed that having an inspection available was a condition precedent to filing suit.
2. The Commission directed staff to workshop with the real estate industry to explore revisions to the ordinance, to arrive at solutions to the various issues discussed.  The process is to be completed by September.

Also Read these Posts

– Understanding Downstairs Enclousures

– Florida Keys Building – Downstairs Enclosures

You might also want to check out :

 – What you Need to Know about Flood Maps

If your thinking about buying a home in the Florida Keys, be sure to check out our main Buying Page for some really great information!

You can also Contact Us with any of your buying questions.  We would love to hear from you.