The Florida 25 Percent Roof Rule in 2026: What It Means for a Miami-Dade Sale

Last updated: August 2026

The Florida 25 percent roof rule comes from Section 706.1.1 of the Florida Building Code, Existing Building. It states that not more than 25 percent of the total roof area or roof section of an existing building may be repaired, replaced, or recovered in any 12-month period unless the roof covering on the entire roof system or roof section is replaced or recovered to conform to the code [1]. Read alone, that turns a large repair into a full replacement at permit review.

That is no longer the whole rule. Senate Bill 4-D, passed in the May 2022 special session, amended Fla. Stat. 553.844 to add an exception: if an existing roofing system or roof section was built, repaired, or replaced in compliance with the 2007 Florida Building Code or any subsequent edition, and 25 percent or more of it is being repaired, replaced, or recovered, only the repaired, replaced, or recovered portion must be constructed in accordance with the Florida Building Code in effect [2]. The statute directs the Florida Building Commission to adopt the exception by rule and states that a local government may not adopt an ordinance amending it [2].

For a Miami-Dade owner, that exception sits on top of a second layer: the county is inside the High-Velocity Hurricane Zone, which the Florida Building Code defines as Broward and Miami-Dade counties [3].

What the code section actually says

Two phrases in Section 706.1.1 do most of the work in a negotiation.

"Roof section" matters because a property with a flat section over a rear addition and a sloped section over the main body can be treated as more than one roof section. A repair that would exceed 25 percent of the whole roof may sit under 25 percent of the section it is on, or the reverse.

"Any 12-month period" matters because the threshold is cumulative. Two 15 percent repairs eleven months apart are not two small jobs to a plans examiner. Together they are 30 percent.

The Florida Building Commission has issued declaratory statements interpreting how the threshold is measured, and the local building department applies those interpretations to a specific roof. That is why the code text is a starting point rather than an answer.

The 2022 exception and the March 1, 2009 dividing line

The exception in Fla. Stat. 553.844(5) is keyed to the 2007 Florida Building Code, not to a calendar date. The Florida Building Commission postponed the effective date of the 2007 code to March 1, 2009 [4]. So the practical question is whether the existing roofing system or roof section was built, repaired, or replaced in compliance with the code in force from that date forward.

Permit history is the evidence trail for that question. A roofing permit issued and finaled under the 2007 code or a later edition is the documentation a plans examiner can work from. A roof with no permit record, or a permit that was never closed out, gives the department nothing to apply the exception to.

What the exception does not do

It does not exempt the new work from current code. The repaired, replaced, or recovered portion still has to be constructed in accordance with the Florida Building Code in effect [2]. In Miami-Dade, that means the portion being touched has to meet current High-Velocity Hurricane Zone requirements even when the rest of the roof stays.

The HVHZ layer in Miami-Dade

Inside the HVHZ, the building envelope is governed by a product-approval regime that does not apply the same way elsewhere in Florida. The Miami-Dade County Product Control Section, part of the Department of Regulatory and Economic Resources, receives, reviews, and issues approvals for building construction materials, products, and systems used to protect the building envelope, including roofing, through the Notice of Acceptance process [5].

Two practical consequences follow.

First, a partial repair still needs approved components. An older tile or shingle assembly may no longer hold a current Notice of Acceptance in the same configuration, so matching the existing roof is not always available. That can raise the cost of a compliant partial repair and can create a visible difference between the repaired section and the rest of the roof.

Second, when roof covering is removed and replaced on an existing structure with wood-based roof decking, the Existing Building code requires a secondary water barrier [1]. Fla. Stat. 553.844(2) separately directs the Commission to develop criteria for secondary water barriers, with criteria that may address roof shape, slope, and the composition of all elements of the roof system [2]. A repair that stays under the threshold and a repair that triggers a tear-off are therefore different scopes of work, not just different sizes.

How to check permit history before you negotiate

Miami-Dade County provides online search of building permits and inspection results, along with building plans, certificates of occupancy, code compliance, product approval, and zoning records [6]. For unincorporated Miami-Dade, the county is the building department. For a property inside a municipality such as Coral Gables, Miami Beach, or Pinecrest, the city building department holds the permit record, so check the municipality first and the county second.

What to pull:

Roofing permits, with the application date and the final inspection status.
Whether the permit covered the entire roof or a single section.
Any product approval or Notice of Acceptance numbers referenced in the file.
Open, expired, or unfinaled permits, which are a separate repricing event at closing.
Prior repair permits inside the last 12 months, because of the cumulative threshold.

The building department is the authority having jurisdiction on how Section 706.1.1 and the statutory exception apply to a specific roof. Nothing in this article is a determination for your property, and it is not legal advice. Put the question to the building department in writing before the inspection period closes, have a licensed roofing contractor scope the work and pull the permit, and take legal questions about contract remedies to a Florida attorney.

Why this reprices deals

On the sell side

The common sequence: a buyer's inspector flags roof damage, a roofer writes a partial repair estimate, the parties negotiate a credit against that number, and then the permit application meets a plans examiner who reads the scope as crossing the threshold on a roof that cannot document 2007-code compliance. The credit that was negotiated against a repair is now measured against a section replacement.

Pulling the permit record before listing converts that from a mid-contract surprise into a pre-list decision. If the roof documents compliance with the 2007 code or later, that record belongs in the listing file. If it does not, the exposure can be priced into the list price or addressed before going live. Repair credits and concessions are negotiable between the parties in every case, and there is no customary or standard amount. If you are working through those pre-list decisions, selling a Miami home and a listing valuation are the right places to start.

On the buy side

Treat the roof permit record as underwriting, not paperwork. Request permit numbers and closed-out final inspections in the disclosure package, verify them against the county or municipal record yourself, and get the building department's read before you agree to a dollar figure. A roof that qualifies for the statutory exception and a visually identical roof that does not are two different liabilities. That check belongs in the same diligence pass as survey, association records, and insurance quotes, and it is one of the items worth walking through in a buyer consultation.

Roof age and insurability are a separate test

Code compliance and insurability answer different questions, and a roof can pass one and fail the other.

Fla. Stat. 627.7011(5)(b) provides that an insurer may not refuse to issue or refuse to renew a homeowner's policy insuring a residential structure with a roof less than 15 years old solely because of the age of the roof [7]. For a roof at least 15 years old, the insurer must allow the homeowner to have a roof inspection performed by an authorized inspector at the homeowner's expense before requiring replacement as a condition of issuing or renewing, and may not refuse solely because of roof age if that inspection indicates the roof has five years or more of useful life remaining [7].

So a roof can be fully compliant with the code it was built under and still draw a carrier objection on age, and an older roof can remain insurable on the strength of an inspection. Underwrite both questions separately.

Frequently asked questions

Does the Florida 25 percent roof rule still exist in 2026?

Yes. Section 706.1.1 of the Florida Building Code, Existing Building still sets the 25 percent threshold measured over any 12-month period [1]. What changed in 2022 is the statutory exception in Fla. Stat. 553.844(5) for roofing systems or roof sections built, repaired, or replaced in compliance with the 2007 Florida Building Code or a later edition [2].

How do I find out whether a roof qualifies for the exception?

Start with the permit record at the municipal building department, or the county for unincorporated Miami-Dade, and look for a roofing permit with a closed-out final inspection under the 2007 code or later [6]. Then ask the building department to confirm how it reads that record. The department, not the contractor and not the agent, applies the code to the property.

Does the exception let the repair skip current code?

No. The statute says only that the repaired, replaced, or recovered portion is required to be constructed in accordance with the Florida Building Code in effect [2]. In Miami-Dade, the new work still has to meet current High-Velocity Hurricane Zone requirements, including approved products under the county Notice of Acceptance process [5].

Can a Miami-Dade municipality apply a stricter version of the exception?

The statute states that a local government may not adopt by ordinance an administrative or technical amendment to this exception [2]. Local building departments still administer permitting, interpret the record, and enforce the code, so their process and documentation requirements vary.

Is a roof under 15 years old automatically insurable in Florida?

No. The statute limits refusal solely because of roof age [7]. Carriers still underwrite on roof condition, materials, prior claims, and other factors, so a young roof is not a guaranteed quote.

Gabriel

Sources

Gabriel A. Moyers, PA. eXp Realty. Florida License #3407280. Equal Housing Opportunity. This article is general information as of August 2026 and is not legal, tax, or financial advice. Verify current figures against authoritative sources before acting.