FEMA 50% Rule 2022

Know Your Flood Zone

The FEMA 50% rule 2022 requirements involving appraisals have changed significantly. Communities participating in the National Flood Insurance Program (NFIP) have added responsibilities. Properties within the flood hazard zones must comply with stringent requirements as it pertains to permits. The local municipality, under the guidance of the Flood Plain Administrator are responsible for upholding the NFIP/FEMA requirements.

Structures that adhere to the current NFIP/FEMA codes are not at liberty to comply with additional requirements. Conversely, structures that don’t adhere to the current NFIP/FEMA codes are at liberty to comply with additional requirements. Consequently. elevation would be the preferred solution under FEMA.

Demolition and removal of the structures may not be financially feasible to the owner. As a compromise, the NFIP adopted the 50% rule. This allows for the continued use of nonconforming buildings. The 50% rule limits the allowable improvements at any given time, thereby reducing the risk to the NFIP.

The permitting department of the local municipality can inform the person applying for permits the dollar limit of the improvements. Often, the county appraiser site will post the allowable amount as it corresponds to the property address. Should this amount be insufficient or otherwise seem incorrect the property owner has the option to obtain an independent appraisal. Certainly, obtain the report from a State Certified Appraiser with sufficient knowledge and experience in this particular type of appraising. The reports developed for this specific purpose are significantly different than those developed for lending purposes. Despite years of experience, it is imperative that the appraiser is familiar with the new requirements. For further information on the FEMA 50% rule 2022 contact Shari Peterman at 727-505-6706.

Real Estate Appraisal – home appraisal – appraiser – real estate appraiser – residential appraisals – New Port Richey, FL – Priority Appraisal and Mortgage Services, Inc. (appraiserxsites.com) https:/www.facebook.com/priorityappraisaltampabay

FEMA Approved Living Area Appraisal

FEMA Approved Living Area Appraisal
FEMA Approved Living Area Appraisal

Approved Living Area

Appraisers are required in the normal course of business to accurately report improvements. Inclusive in the requirements is the overall square footage.  This includes the “FEMA approved living area appraisal”. Depending on the scope of work, it is typical to include the actual measurements. Therefore, in residential appraising the living area is of particular interest as living area is often the driving source in determining market value. What constitutes living area? In valuing residential improvements legal permissibility is a requirement in establishing highest and best use. That legal permissibility then flows to the improvements. This is where the FEMA requirements come into play.

Flood Prone Areas

Identified flood prone areas, have mandatory elevation requirements. New construction codes require the land to be elevated or the living area elevated by the lower level of non living space. In many buildings this area is used for parking or storage. For instance, the homeowner elects to finish this lower area with drywall, floor cover, bathroom facilities, electrical, plumbing maybe even a kitchen or bar area. As a result, upon inspection the finishes can become an issue. Often the homeowner decides to sell and wants livable area value for these illegal improvements.

An Appraisal Issue

When the Appraiser is ordered to appraise a structure with illegal improvements an appraisal issue occurs. The illegal improvements cannot be included in the living area. The illegal improvements must be broken out on a separate line item. It is therefore up to the appraiser how these improvements are handled. I’ve seen appraisers give value for the improvements based on market reaction. Valuing the improvement is accomplished by isolating comparable sales with illegal improvements. I’ve seen appraisals where the appraiser gave no value due to the illegal use. In some cases the appraiser will give a negative value (yes minus) due to the cost to remove the illegal improvements.

Appraising FEMA 50% Rule

Homeowners wishing to renovate, improve, update or otherwise upgrade their dwelling in Florida flood prone areas have an extra hurdle to cross.  Federal Emergency Management Agency (FEMA) has guidelines that are administered by local jurisdictions. Construction that is not to current codes require additional actions. Renovations such as a kitchen, a second story or any significant improvement have requirements. The FEMA 50% rule governs how much money is allowed on improvements. When a General Contractor is used to handle the construction, the homeowner will retain an Appraiser to develop an appraisal specifically for administrative review. The General Contractor will present the appraisal to the local jurisdiction, so they can secure the appropriate permits.

What qualifies as eligible for the 50% rule? The appraisal will breakdown the replacement cost new of the dwelling. Depreciation is then subtracted from that figure. Fifty percent of that figure is what is typically allowable for improvements or renovations.

The following is no longer applicable as of 2022

In a nutshell it sounds simple but consider this…A recent sale in your neighborhood that is comparable to your home sold for $300,000. This sale, along with at minimum two more will be compared to your replacement cost estimate and they need to be similar. This is where the limitations typically begin.

Let’s say the land value is $100,000 (it’s a waterfront lot) and the depreciation is $100,000 (the structure is older). There are lot improvements $20.000(landscaping, lighting, utility connections) and a detached shed and deck $10,000. The eligible amount to consider based on these numbers equals $70,000. Fifty percent of $70,000 is $35,000.

The scenario is oversimplified and the cost approach to value is considered primarily. Calculating depreciation can be subjective and the numbers may look favorable. The snag in the process can often be the support of the sales comparison approach to value. At minimum the local jurisdiction will be looking for an equal land value to that assessed by the County Appraiser’s office. The evaluator will likely have a construction background, usually a licensed contractor and will be familiar with building costs and cost resources.

FEMA 50% Rule
FEMA Appraisals

The process can be trying to say the least. It is important to hire an Appraiser who specializes in this type of appraisal. The appraisal you received for securing a loan is unlikely to suffice for FEMA. In the end you may need to structure the renovations in stages to take full advantage of the acceptable allotment.