New Downstairs Enclosure Rules in Monroe County: What Changed in 2026

Monroe County’s downstairs-enclosure rules changed effective February 4, 2026. For properties in unincorporated Monroe County, the changes remove the former 299-square-foot limit on enclosed storage beneath elevated homes and the mandatory inspection at the time of sale. They do not authorize bedrooms, apartments, or other habitable space below the required flood elevation.

For buyers and sellers around Key West, the first question is which government regulates the property. This county amendment should not be presented as a new City of Key West rule.

What changed—and when?

The County Commission adopted Ordinance 023-2025 on October 15, 2025. The County’s announcement, published by the Greater Key West Chamber of Commerce, identifies February 4, 2026 as the effective date.

Read the adopted ordinance and the February 4 announcement.

Does this apply to a Key West address?

Confirm the parcel’s actual jurisdiction before planning work or describing an enclosure in a listing. A mailing address alone is not a substitute for that determination.

The announced change applies to unincorporated Monroe County. For a property inside Key West’s city limits, obtain guidance from the City’s building and floodplain staff about the rules applicable to that parcel. Do the same with the relevant municipality elsewhere in the Keys.

What should an owner do before expanding?

Start with the Monroe County Building and Permitting Department. Its review process includes structural, electrical, plumbing, planning, environmental, and floodplain considerations as applicable.

Bring the parcel identification, existing permits, a description of the proposed use, and a sketch of the intended enclosure. Ask staff which plans, engineering, flood openings, materials, and inspections the specific project requires.

The department’s website also separates older permit records from active and completed online permits. Review the available records and request missing documents before assuming an existing enclosure was approved.

What buyers and sellers should review

Removing an inspection requirement at sale does not answer every question about a particular property. A useful purchase review should establish:

• What the approved plans show.
• Whether the enclosure’s current layout and use match those plans.
• Whether permits were completed and any code matters remain unresolved.
• What recorded agreements affect future use.
• Whether the buyer’s intended use is allowed.

Keep permitted living area and downstairs storage clearly distinguished when comparing homes. A buyer looking for an additional bedroom needs a different answer from someone looking for space to store fishing equipment.

Ask an insurance professional to review the actual enclosure before relying on a flood-insurance estimate. Our guides to AE, X, and VE flood zones and Key West flood-insurance costs provide background for that conversation.

Frequently Asked Questions

Can I build an enclosure larger than 299 square feet now?

In unincorporated Monroe County, the former size cap has been removed. Submit the proposed project for the required approval; the change is not a guarantee that every design will qualify.

Can I use the downstairs area as a bedroom or rental apartment?

No. This amendment does not authorize habitable living space in the affected downstairs enclosures.

Is the old county inspection at sale still required?

The February 4 announcement says that requirement was removed. Buyers can still seek inspections and supporting records as part of their purchase review.

Does the change automatically approve an existing enclosure?

Do not assume it does. Ask the building department to compare the existing work and use with the property’s permit history.

What is a non-conversion agreement?

It is a recorded agreement documenting the enclosure’s allowable uses. The County announcement says it remains required for owners seeking permits to expand storage enclosures.

Does this automatically change the rules inside Key West?

No. The announced amendment concerns unincorporated Monroe County. Obtain City guidance for properties within Key West.

Buying or selling an elevated home?

Royal Palms Realty can help organize the property questions and records to review before a purchase or listing. Contact Scott Forman to discuss your plans.

*Prepared October 21, 2026. Property-specific approvals depend on the applicable jurisdiction and documented conditions.*