Why Open Permits Matter
Open permits can cause more than just a headache—they can drain your wallet and lead to legal troubles down the road. In Florida, open permits mean that the work done on a home was never officially approved by a building inspector. This can be anything from a kitchen remodel to a new roof or even a small plumbing job. If you’re buying a home with open permits, you might inherit the responsibility of closing them—and that can get expensive fast.
Florida law holds homeowners accountable for resolving open permits, even if the work was done by the previous owner. That means unpaid fees, potential fines, and even the cost of finishing or redoing the work if it wasn’t up to code. This could delay closing on a property or reduce its market value. So, before you sign on the dotted line, you’ll want to make sure you’re not stepping into a financial mess. The sooner you check for open permits, the better equipped you’ll be to negotiate repairs, ask for compensation, or walk away from a bad deal.
Pro Tip: Florida counties like Miami-Dade, Broward, and Hillsborough have specific online portals where you can check permit records yourself. Make sure to ask your real estate agent or the seller for permit history, especially if the home looks recently renovated.
Spotting Red Flags
“If it looks too good to be true, it probably is.” This is especially true when it comes to renovations and remodels. You might see a freshly added room, a sparkling new pool, or a recently finished deck—but have you asked if there’s paperwork to back it up?
Start by asking for the permit records. If the seller can’t provide them or claims they aren’t necessary, that’s your first red flag. In Florida, nearly all major home improvements—especially electrical, plumbing, or structural work—require a permit. If the work looks recent but there’s no documentation, it could be unfinished, unapproved, or done without inspection.
Here’s how to start checking for red flags yourself:
- Unfinished or incomplete work: Check for things like missing fixtures, unfinished walls, or temporary solutions like tarps or duct tape. These could signal that the work wasn’t completed to code or that the project was abandoned before getting inspected.
- Mismatched or incorrect materials: If the materials used in the renovation don’t match the rest of the house, like different types of roofing or siding, this could mean the work was done on the cheap to avoid the cost of a proper permit (even a roofing certificate of completion would help).
- Out-of-place features: Adding a second floor, an extension, or even something like a large shed or carport often requires a permit. If the home has features that seem out of place or not typical for the neighborhood, ask about the permit history.
Don’t hesitate to ask questions and dig deeper. If you’re unsure about whether a specific type of work needs a permit, check with the Florida Building Code website or contact your local building department.
Check with the Building Department
Your first official stop for checking open permits should be your local building department. In Florida, each county or city has its own building department, and most have systems in place to help homeowners or potential buyers access permit records. Here’s how to get started:
- Gather the Property Information: Before reaching out, make sure you have the property address and, if possible, the parcel number. This info will make it easier for the building department to locate the permits tied to the property.
- Visit in Person or Call: Most building departments allow you to check permit records by visiting their office. If you’re local, this can be a good option since staff can help walk you through the process and clarify any questions. If visiting isn’t possible, give them a call. When you speak with them, ask specifically for records of open permits, not just general permit history.
- Request Records Online: Many counties and cities in Florida offer online databases where you can search permit records yourself. For example, Miami-Dade County’s Permit Lookup Tool allows users to search by address, permit number, or even contractor. Broward County has a similar portal. It’s a good idea to familiarize yourself with these tools for your local area. The records should list any permits that remain open or were never closed out by an inspector.
If the property is in a more rural part of Florida, the online records may not be as comprehensive. In that case, contacting the local office directly is your best bet. Be persistent, as some smaller departments may be slower in responding to requests.
Online Searches
These days, you can dig into property records without ever leaving your home. Checking for open permits online is a great way to get a jumpstart on your research, especially in Florida, where many counties and cities have set up public access tools. Your first stop should be the county or city’s official website, where most major areas in Florida have online databases specifically for building permits.
Take Orange County, for example. Their Fast Track system allows you to search by property address and find any permits tied to that home. You can easily see whether a permit is open, closed, or still pending inspection. If you’re researching properties in other counties, Miami-Dade and Broward offer similar online portals, each providing details on permits and their current status.
When using these systems, pay close attention to the status of each permit. An “open” or “pending” status means that work isn’t finalized and still requires inspection or approval. In contrast, permits marked as “closed” or “final” indicate that the work was inspected and signed off by the local authorities, meaning you’re in the clear. The dates on these permits are equally important. If a permit has been open for several years, that could mean a stalled project or forgotten renovation that might require additional work or legal action to resolve.
While local building department sites are your main go-to, you can also use statewide property databases, such as Florida’s Property Appraiser websites. These might not have as much permit detail but can sometimes provide helpful property history.
As you work in these tools, it’s smart to stay organized. Keep a record of the permits you find, their numbers, and their statuses. If you’re checking multiple properties, a simple spreadsheet can go a long way in keeping track of which homes have potential issues. This will be especially handy when discussing next steps with a realtor, lawyer, or contractor.
When to Call in the Pros
Sometimes, checking for open permits on your own isn’t enough. If the property has a complicated history, or if you come across open permits that seem unusual or difficult to resolve, it might be time to bring in the professionals. Here’s when you should consider calling in a pro:
- Hiring an Attorney: If you’re dealing with open permits tied to significant construction work—such as a home extension, major remodel, or electrical overhaul—it’s time to hire a real estate attorney for legal advice. In Florida, real estate attorneys can help review permit records and assist in negotiating with sellers to resolve outstanding permits before closing. They can also help you avoid legal issues related to unapproved work after you buy the house.
- Bringing in a Home Inspector: Even if the permit looks closed, that doesn’t always mean the work was done right. A home inspector can help verify that the renovations were completed to code and match the permit records. They’ll identify any structural or safety concerns that could lead to expensive repairs later on.
- Working with a Contractor: If you discover open permits for unfinished work, a licensed contractor can give you an estimate on what it would take to complete the job and close out the permit. This can be used as leverage during the negotiation process with the seller or as part of your planning if you decide to take on the project yourself.
Don’t hesitate to ask for a seller credit if open permits exist. A knowledgeable attorney or realtor can help ensure the cost of closing out permits is deducted from the sale price, so you’re not left footing the bill.
Handling an Open Permit
So, what do you do if you find an open permit? First, don’t panic. Open permits aren’t uncommon, especially in older homes or ones that have gone through multiple renovations. Your first step is to assess the scope of the work that’s still unfinished. Some open permits might only need a final inspection or some minor adjustments, while others may require significant work to meet Florida’s building codes.
If you’re buying a home and discover open permits, it’s time to start negotiating with the seller. In many cases, the seller can either fix the issue before the closing or provide a credit to cover the cost of finishing the job. If you’ve already purchased the property, you may need to close out the permit yourself. Contact the contractor who initially did the work, if possible, or hire a licensed professional to finish it. Then, schedule an inspection with the building department to ensure everything is up to code.
Be aware that closing a permit can sometimes mean redoing work that wasn’t done correctly. It’s important to get estimates from professionals so you’re not blindsided by unexpected costs. Also, keep in mind that Florida law requires permits to be closed before certain property transfers can take place, so this is not something you can ignore.
Wrapping It Up
At the end of the day, open permits are a part of the home-buying or selling process that you can’t afford to overlook. They can cause delays, lead to additional costs, and even affect the safety of your home if the work wasn’t done right. The good news is, Florida makes it easier than ever to check permit records, whether online or in person. By taking the time to do your homework—whether by yourself or with the help of an attorney or contractor—you can avoid these headaches and protect your investment.
Next time you’re looking at a house, make checking for open permits one of the first things on your to-do list. It’s better to be safe than sorry when it comes to something as important as your home.