---
kind: "section"
citation: "12 C.F.R. § 339.8"
title: "12"
number: "339.8"
heading: "Determination fees."
url: "https://uscodex.org/cfr/12/339.8"
---

# §339.8. Determination fees.

- (a) **General.** Notwithstanding any Federal or State law other than the Flood Disaster Protection Act of 1973, as amended ([42 U.S.C. 4001-4129](/usc/42/4001-4129.md)), any FDIC-supervised institution, or a servicer acting on its behalf, may charge a reasonable fee for determining whether the building or mobile home securing the loan is located or will be located in a special flood hazard area. A determination fee may also include, but is not limited to, a fee for life-of-loan monitoring.
- (b) **Borrower fee.** The determination fee authorized by [paragraph (a)](#a) of this section may be charged to the borrower if the determination:
  - (1) Is made in connection with a making, increasing, extending, or renewing of the loan that is initiated by the borrower;
  - (2) Reflects the Administrator of FEMA's revision or updating of floodplain areas or flood-risk zones;
  - (3) **Reflects the Administrator of FEMA's publication of a notice or compendium that—**
    - (i) Affects the area in which the building or mobile home securing the loan is located; or
    - (ii) By determination of the Administrator of FEMA, may reasonably require a determination whether the building or mobile home securing the loan is located in a special flood hazard area; or
  - (4) Results in the purchase of flood insurance coverage by the lender or its servicer on behalf of the borrower under [§ 339.7](/cfr/12/339.7.md).
- (c) **Purchaser or transferee fee.** The determination fee authorized by [paragraph (a)](#a) of this section may be charged to the purchaser or transferee of a loan in the case of the sale or transfer of the loan.

## Notes

### Authority

Authority: 12 U.S.C. 1462a, 1463, 1464, 1819 (Tenth), 5412(b)(2)(C) and 42 U.S.C. 4012a, 4104a, 4104b, 4106, and 4128.

### Source

Source: 80 FR 43249, July 21, 2015, unless otherwise noted.