---
kind: "section"
citation: "38 C.F.R. § 36.4707"
title: "38"
number: "36.4707"
heading: "Determination fees."
url: "https://uscodex.org/cfr/38/36.4707"
---

# §36.4707. 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)), the Secretary, or a servicer acting on behalf of the Secretary, 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 Director of FEMA's revision or updating of floodplain areas or flood-risk zones;
  - (3) **Reflects the Director 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 Director 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 Secretary or a servicer acting on behalf of the Secretary, on behalf of the borrower under [38 CFR 36.4706](/cfr/38/36.4706.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

### Amendments

[62 FR 5533, Feb. 6, 1997]

### Authority

Authority: 38 U.S.C. 501 and 3720.

### Amendments

[62 FR 5533, Feb. 6, 1997]