Understanding Florida’s Roofing Regulations After Storm Damage
In Florida, hurricanes, tropical storms, and extreme weather events are common occurrences. As a result, roofing regulations play a critical role in maintaining property safety. One regulation in particular — Florida’s 25% Roof Replacement Rule — often sparks confusion among homeowners filing insurance claims. This rule can significantly impact your insurance payout, your repair strategy, and whether your entire roof must be replaced.
What Is Florida’s 25% Roof Replacement Rule?
The 25% Rule, previously part of the Florida Building Code, required that if more than 25% of a roof is damaged within 12 months, the entire roof must be replaced to comply with code, not just the damaged section. This rule ensured that repairs wouldn’t leave homeowners with mismatched or structurally incompatible sections.
In July 2021, new legislation was passed to limit the impact of this rule. The revised statute (Section 553.844, Florida Statutes) allows for partial repairs under certain conditions, especially for buildings constructed after 2007 and those with roofs built to updated code standards. This change was designed to reduce insurance costs and mitigate total roof replacement claims.
What Triggers the 25% Threshold?
Understanding “25% of the Roof”
The 25% refers to the total area of the roof, not just shingles. It includes decking, underlayment, and any structural damage. If a quarter or more is compromised, you may be legally required to replace the entire roofing system to meet the code.
Common Causes That Lead to Roof Replacement
- Wind uplift tearing off shingles
- Hail punctures
- Fallen trees or branches
- Poor quality from prior repairs
- Long-term water intrusion
How Insurance Companies Use the Rule
Common Tactics to Deny Full Replacement
Insurers often:
- Argue that the damage is under 25%
- Claim the rest of the roof is “functional.”
- Offer ACV (Actual Cash Value) instead of replacement cost
- Delay assessments until further deterioration
Underpayment Issues for Roof Claims
Even when the 25% threshold is met, insurers may lowball your claim, suggesting partial repairs instead of full replacements. Many policyholders unknowingly accept it.
What If Your Insurance Company Denies Full Roof Replacement?
If your claim is denied or you receive an insufficient offer, it’s crucial to:
- Review the building code requirements
- Get an independent roofing inspection
- Consult an insurance claim attorney
- Request a written explanation for the denial
Often, denials stem from improper assessments or deliberate attempts to minimize liability. Under Florida law, you have the right to challenge unfair decisions.
Common Causes Covered Under Florida Policies
Florida homeowners may face roof damage from:
- Hurricane-force winds
- Flying debris
- Hail impacts
- Heavy rain intrusion
- Falling trees or branches
Standard homeowners’ insurance typically covers sudden and accidental damage, but coverage for wear and tear, improper maintenance, or gradual deterioration is often excluded.
Steps to Take After Roof Damage
Documenting the Damage
- Take clear, time-stamped photos
- Record any leaks or interior water spots
Filing a Claim Strategically
File as soon as possible — but don’t let the insurer rush you into accepting a quick payout. Get your inspections first.
When to Contact a Florida Roof Damage Insurance Claim Lawyer
You should consider contacting a roof damage lawyer if:
- Your claim has been denied.
- You’ve received a settlement offer that doesn’t cover the full cost of repairs.
- Your insurance company is delaying payment.
- You’re unsure about your coverage or facing disputes over the cause of the damage.
Our property insurance claim lawyers can help protect your rights and ensure you receive the compensation needed to repair your roof and safeguard your home.
Protect Your Home and Your Rights with Expert Insurance Claim Legal Help
Filing a roof claim in Florida can be complex and frustrating, especially when insurance companies deny, delay, or underpay valid claims. At Williams Law, P.A., we are dedicated to helping homeowners navigate the complexities of roof claims and holding insurance companies accountable. Don’t let your insurance company leave you with a damaged roof and an unfair payout—contact us today for a free consultation and let us help you get the compensation you need to restore your home. Call us at 1-800-451-6786 or fill out our online contact form.