Commercial properties provide space for office, retail, warehouses and other uses. Before purchasing or renting a commercial property it is important to know the requirements. Commercial properties in Florida are subject to various regulations, which ensure that they are suitable for commercial use and conform with local, federal, and state laws. These requirements include, for example, zoning laws and building codes.
This article describes the main commercial property requirements for businesses and property owners to be aware of in Florida when they are operating or purchasing commercial property.
1. Zoning Regulations
Zoning laws determine how land and property in a particular area can be utilized. It is important to check the zoning of a property before purchasing or renting a commercial one in Florida. The zoning classifications vary by municipality, but typically include commercial, industrial, agricultural, and residential.
- Types of commercial zoning: Commercial zones can include office space, retail stores, restaurants or mixed-use development. Each type of commercial zoning can have specific restrictions such as the building height, parking, and signage.
- Checking for Zoning Compatibility: Both property owners and tenants should ensure that their intended use of a property is in compliance with existing zoning regulations. If the current zoning doesn’t allow the business you want, you may be able to request a variance.
- Zoning reviews: You should always perform a zoning check with the city or county office in your area to confirm the property’s classification, as well as any restrictions or requirements that may be applicable.
2. Building codes and Permits
Commercial properties in Florida must adhere to both the state and local codes. These codes ensure that the buildings are safe and functional for their intended purpose. Commercial properties that do not meet the building code standards may face fines and other penalties.
- Florida Building Code. Florida’s state-wide building code is based upon national standards. It includes regulations regarding structural integrity, plumbing systems, electrical systems, safety of fires, and much more. These rules apply to commercial properties to ensure that they are fit for business and to protect the occupants.
- Permitting. For any major construction, renovation or repair to a commercial building, the owner or operator of the business will be required to obtain the appropriate permits from the local building authority. Electrical, plumbing, HVAC and general construction permits are common permits.
- Inspection requirements: Commercial properties in Florida are often subject to periodic inspections, which ensure that they continue to meet safety and building codes. These inspections can be required every year or when a business undergoes a major remodeling or expansion.
3. Environmental Regulations
Florida’s commercial properties must adhere to environmental regulations protecting the state’s resources. According to the location and intended usage of the property, additional requirements may apply for managing environmental impact, such as the management of water, waste disposal and wildlife protection.
- Florida’s laws protect wetlands, as well as other ecosystems that are sensitive. Commercial property located near wetland areas or coastal areas may require special permits, or conservation plans.
- Florida stormwater regulations prevent flooding and pollution of water. Stormwater management systems, such as retention basins or drainage systems, are required for commercial buildings to effectively manage rain runoff.
- Hazardous Materials – If the business on the property deals with hazardous materials, such as chemicals or wastes, the property is required to comply with federal and state regulations regarding the storage, handling and disposal of these materials. Non-compliance may result in fines or environmental cleanup costs.
4. Accessibility Requirements
All commercial properties in Florida are required to be accessible for people with disabilities under the Americans with Disabilities Act. The law is applicable to newly constructed homes as well as existing homes that are being renovated. Businesses must comply with the ADA to avoid fines and lawsuits, and ensure that customers of all abilities can enter their property.
- Entrances and exits: Commercial buildings are required to have accessible entrances. This usually means ramps or elevators in multi-story structures. Entry doors also need to meet standards for width and hardware in order to accommodate wheelchairs.
- Parking: Florida’s law requires that commercial properties provide parking spaces designated for people with disabilities. These spaces must be easily accessible and clearly marked. They should also be located near the entrance of the building.
- Restrooms: All public restrooms on commercial property must comply with the ADA. They should include accessible stalls, sinks and other features for people with disabilities. Retrofitting non-compliant bathrooms may be required to meet legal standards.
- Signage and Pathways: Both interior and exterior signage should be easily readable by individuals with disabilities. Also, common areas and walkways must have clear, unobstructed pathways.
5. Health and Safety Standards
Florida also has health and safety standards for commercial property. These standards are designed to ensure the safety of both employees and public.
- Fire Safety: Fire safety is a crucial aspect of requirements for commercial properties. Florida law requires that commercial properties be equipped with sprinkler systems and fire extinguishers. Typically, regular fire inspections will be required.
- Florida law may limit the number of people that can occupy a space safely, depending on its size and layout. These limits should be clearly displayed, and any violations or fines can result from exceeding them.
- Ventilation systems and air quality: Florida commercial properties must have proper ventilation to reduce health risks and ensure good air. It is especially important for industries that may have hazardous fumes and chemicals.
- Commercial property owners are also required to take measures against pests, such as insects or rodents. Health and safety regulations often require regular pest inspections and control methods.
6. Insurance and Liability Requirements
In Florida, commercial property owners and tenants must have adequate insurance to protect themselves against accidents, property damage and other liabilities. Commercial property insurance in Florida typically covers the building and contents as well as liability for injuries on the property.
- Property insurance: This type of coverage covers damage to the physical structure or building caused by events such as fires, storms, vandalism, etc. It’s important to insure against hurricanes and floods, especially if you live in Florida.
- Liability insurance: Commercial property owners are required to carry liability coverage for injuries that could occur on their property. For example, slips and fall accidents. This coverage is vital to protect against lawsuits and financial loss.
- Worker’s Compensation: If you operate a business in a commercial building and hire workers, then Florida worker’s comp insurance is required. This insurance protects workers who are injured at work and prevents legal disputes.
In order to own or operate a commercial property, you will need to navigate a variety of legal and regulatory requirements. Commercial properties must be safe, functional and in compliance with federal and state laws. Zoning laws and building codes are all important factors. It’s important to work with professionals, such as lawyers, inspectors and contractors, to make sure that all requirements are met, whether you’re buying, leasing or operating a property. These regulations will help you avoid expensive fines and penalties, but they’ll also allow your business to operate safely in the Sunshine State.
This article was written by a Bonardi & Uzdavinis professional. Bonardi & Uzdavinis offers a full range of legal services to its clients. Real estate, probate and personal injury are our primary practice areas. Contact us for a free case evaluation if you need a personal injury or real estate attorney in Tampa Bay.