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#2024293 - 07/01/15 01:50 PM
Detached Structure Exemption
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Gold Star
Joined: Apr 2013
Posts: 420
VA
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(c) Any structure that is a part of any residential property but is detached from the primary residential structure of such property and does not serve as a residence. For purposes of this paragraph (c):
I have a question concerning the detached structure exemption listed above. Does this mean their has to be a primary residence on the property before you can exclude other non residential structures from obtaining flood insurance?
For example: A loan is secured by property at the lake. There is no primary residence, but their are places for campers. There is a shelter on the property that is walled and roofed. The shelter is in the flood zone. Is flood insurance required or not?
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#2024301 - 07/01/15 02:00 PM
Re: Detached Structure Exemption
Adam F
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Joined: Jul 2001
Posts: 83,226
Galveston, TX
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It does have to be a primary residence, just a residence:
Detached means:
“a structure that is a part of a residential property†is a structure used primarily for personal, family, or household purposes, and not used primarily for agricultural, commercial, industrial, or other business purposes;
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#2024315 - 07/01/15 02:07 PM
Re: Detached Structure Exemption
Adam F
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Gold Star
Joined: Apr 2013
Posts: 420
VA
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Okay. So it can be any type of residence.
But if no residence is on the property, even though the property may be zoned as residential property, then we would have to require flood insurance on any walled and roofed structures?
_________________________
It is better to act cautiously beforehand than to suffer afterward.
The answers I give are my opinions. Not legal advice.
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#2024319 - 07/01/15 02:11 PM
Re: Detached Structure Exemption
Adam F
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10K Club
Joined: Jul 2001
Posts: 83,226
Galveston, TX
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Correct.
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#2024603 - 07/01/15 09:19 PM
Re: Detached Structure Exemption
Adam F
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Joined: May 2013
Posts: 1,069
Compliance Land
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May be a dumb question but did this go into effect with the passing of the act in 2014 or does it become effective in January 2016 like the escrow provision?
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#2024608 - 07/01/15 09:26 PM
Re: Detached Structure Exemption
Adam F
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10K Club
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Posts: 83,226
Galveston, TX
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It went into effect in 2014, but the actual definitions were just released.
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#2024618 - 07/01/15 09:43 PM
Re: Detached Structure Exemption
Adam F
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Joined: May 2013
Posts: 1,069
Compliance Land
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Phew! That's a relief. We did a loan recently where the residence was in Zone X but there was a "man cave" type building (not a residence, although there are a couple of bedrooms in it or does this count as a residence even though it's not used as one????) in Zone AE that we didn't have flood insurance on.
Last edited by raiders; 07/01/15 09:55 PM. Reason: clarify
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#2024633 - 07/02/15 01:14 AM
Re: Detached Structure Exemption
Adam F
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Joined: Jul 2001
Posts: 83,226
Galveston, TX
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You need to read the preamble to the regulation. I think you are out on thin ice.
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#2024661 - 07/02/15 01:10 PM
Re: Detached Structure Exemption
Adam F
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Joined: May 2013
Posts: 1,069
Compliance Land
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Will do. Thanks for the insight, Randy. My joy was short-lived!
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#2024757 - 07/02/15 04:41 PM
Re: Detached Structure Exemption
Kathleen O. Blanchard
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Joined: Apr 2013
Posts: 420
VA
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Does this mean if you have a picnic shed with a bathroom attached to it, that it would be considered serving as residence?
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The answers I give are my opinions. Not legal advice.
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#2024844 - 07/02/15 07:59 PM
Re: Detached Structure Exemption
Adam F
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Galveston, TX
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I would be hard pressed to consider a man cave with additional sleeping arrangements not being used as part of the residential property. If the guy is a sports nut or his wife gets pissed at him, I can tell you where he will be living.
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#2024911 - 07/02/15 10:02 PM
Re: Detached Structure Exemption
Adam F
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