Home > Blogs > Michael Peron > Michael Peron's (michaelperon) Blog

Florida Real Estate Laws in 2026 The Changes Every Buyer and Owner Should Know

By Michael Peron

Real Estate Agent with Amazing Davie Homes

September 02, 2026 08:37 AM

Florida Real Estate Laws in 2026 The Changes Every Buyer and Owner Should Know

Florida real estate law documents and a South Florida home

Florida real estate laws in 2026 place greater emphasis on structural safety, condominium transparency, reserve funding, and responsible development. If you are buying, selling, renovating, or owning property in South Florida, understanding these changes can help you avoid costly surprises.

This guide summarizes key 2026 updates for Florida buyers and owners. It is educational information: not legal advice. Always confirm how a law applies to your property with a qualified Florida attorney, building official, insurance professional, or other licensed specialist.

Understand the 2026 Florida Real Estate Law Changes

Law or rule	What changed	Buyer or owner impact
Milestone inspections and SIRS	Older condominium and cooperative buildings must complete structural reviews and reserve studies	Review inspection reports, reserve funding, assessments, and repair plans before buying
Florida Statute §718.503	Resale condominium buyers receive a seven-business-day document review and cancellation period under specified conditions	Request the complete association package early and track the review deadline
HB 803 : Chapter 2026-63	Certain single-family projects under $7,500 may qualify for a building-permit exemption outside flood hazard areas	Do not assume every improvement is exempt; structural, electrical, plumbing, mechanical, gas, and safety work remains regulated
HB 399 : Chapter 2026-7	Local development regulations must be reasonable and uniformly enforced; certain off-site housing receives additional protection	Verify zoning, permits, and local rules before building or purchasing
Chapter 692, Florida Statutes	Foreign-buyer restrictions remain in effect for certain foreign principals and property types	Obtain legal guidance before entering a contract if the law may apply
Roof inspections	No universal 2026 state law requires a specific roof inspection for every sale	Insurance requirements and contract contingencies may still make a roof inspection essential

Protect Your Investment With Milestone Inspections and SIRS

Condominium and cooperative buildings with three or more habitable stories generally must complete milestone inspections based on the building’s age. The standard trigger is the year the building reaches 30 years, with a possible 25-year trigger when local circumstances: such as proximity to salt water: justify it.

A milestone inspection evaluates major structural components and life-safety conditions. It is not the same as a complete home inspection and is not intended to certify compliance with every provision of the Florida Building Code.

Affected associations must also complete a Structural Integrity Reserve Study, or SIRS, generally at least once every 10 years. The study addresses components such as:

Roofs
Primary structural systems
Fire protection systems
Plumbing and electrical systems
Waterproofing and exterior painting
Windows and exterior doors
Other major components with significant deferred-maintenance costs

For SIRS-covered structural components, reserve funding is generally mandatory. Associations can no longer treat these reserves as optional in ordinary budgeting decisions, which may increase regular assessments or contribute to special-assessment risk.

Before purchasing a Florida condo, request:

The latest milestone inspection report and summary
The most recent SIRS
Current budgets and financial statements
Board meeting minutes
Special-assessment notices
Master insurance documents
Evidence of completed or scheduled repairs

Source + Month/Year: Florida Legislature, Florida Statutes §§553.899 and 718.112, accessed August 2026; The HOA Guide, July 2026; CondoSignal, March 2026.

Use the Seven-Business-Day Condo Review Right Strategically

Florida condominium resale contracts must address the buyer’s document review and cancellation rights. In qualifying transactions, the buyer may void the agreement within seven business days, excluding Saturdays, Sundays, and legal holidays, after the required contract and document-delivery conditions are satisfied.

The statutory package includes documents such as:

Declaration of condominium
Articles of incorporation
Bylaws and association rules
Most recent annual financial statement and budget
Frequently Asked Questions and Answers document
Applicable milestone inspection and SIRS information

This right cannot simply be waived or shortened by contract. However, the timing can depend on the exact documents delivered and the contract language used. Have your real estate professional and attorney confirm the deadline in writing.

Know What HB 803 Means for Home Improvements

HB 803, enacted as Chapter 2026-63, streamlines some residential permitting rules. Certain work on a single-family residence valued below $7,500 may qualify for a permit exemption when the property is outside a flood hazard area.

The exemption is limited. It does not automatically cover:

Structural work
Electrical work
Plumbing
Mechanical systems
Gas work
Projects located in flood hazard areas

Do not split one larger project into smaller portions to avoid permitting. Before beginning renovations, verify the project scope with the local building department, especially in Davie, Broward County, or another municipality with its own procedures.

Separate HB 399 From Florida’s ADU Rules

HB 399, enacted as Chapter 2026-7, requires certain development regulations to be reasonable and uniformly enforced. It also addresses off-site-constructed residential dwellings and related land-use treatment.

HB 399 should not be read as a blanket statewide approval for every accessory dwelling unit. Florida’s ADU framework remains primarily governed by Florida Statute §163.31771, which allows a local government to adopt an ordinance permitting ADUs in areas zoned for single-family residential use.

Before planning an ADU, verify:

Whether the municipality allows the unit
Setbacks, size, parking, and design rules
Building and utility requirements
Rental restrictions
Any affidavit or affordability requirements under state law
Homeowners association or condominium restrictions

Source + Month/Year: Florida Senate HB 399 and HB 803 bill pages, 2026; Florida Statute §163.31771, accessed August 2026.

Check Foreign-Buyer Restrictions Before Contracting

Florida’s restrictions on certain foreign principals remain in effect under Chapter 692, Florida Statutes. The rules can affect agricultural land, property near military installations or critical infrastructure, and certain purchases involving China-connected individuals or entities.

The law includes narrow exceptions and fact-specific definitions. If your citizenship, domicile, ownership structure, or visa status may be relevant, consult a Florida real estate attorney before signing a contract or submitting an affidavit.

FAQ: Florida Real Estate Laws in 2026

Does every Florida home sale require a roof inspection?

No. Florida does not impose a universal 2026 roof-inspection mandate for every residential sale. However, your contract, lender, or insurance carrier may require one. Roof condition, prior leaks, permits, and remaining useful life should be independently investigated.

Can a condo association still impose a special assessment?

Yes. Mandatory reserve funding does not eliminate special assessments. An association may still need additional funds for repairs, insurance deductibles, emergencies, or costs exceeding available reserves.

Is a milestone inspection the same as a buyer’s inspection?

No. A milestone inspection focuses on building structural safety and is not a substitute for an independent unit inspection, plumbing inspection, electrical inspection, or insurance review.

Plan Your Next Move With Data-Driven Guidance

Florida’s 2026 rules make due diligence more important than ever: especially for condominium buyers and owners planning improvements. Michael Peron is a Licensed Florida Real Estate Broker, Certified AI Real Estate Agent, and South Florida Realtor who helps clients evaluate property documents, ownership costs, and transaction strategy.

Explore South Florida property opportunities, compare communities, or request a private consultation with no pressure and no spam.

Michael Peron
954-779-6106
Mike@MichaelPeron.com

Important Disclaimer

This article is for general educational purposes and is not legal, tax, engineering, insurance, or financial advice. Laws, regulations, association documents, insurance requirements, amenities, hours, and project statuses must be independently verified immediately before publication or before making a real estate decision. Condominium buyers should review association budgets, meeting minutes, reserves, inspection reports, special assessments, governing documents, and insurance records with qualified professionals.