What happens if a previous owner did work without a permit?
Work a previous owner did without a permit stays with the property, so the current owner can be the one who receives a code enforcement notice for it. In general, that work has to be permitted after the fact, which can involve drawings, inspections and sometimes opening up finished surfaces so the work can be inspected.
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The nuance is that the building department, not the contractor, decides what has to be opened up, changed or taken out. Some work can be kept once it is inspected and shown to meet the Florida Building Code. Other work may have to be corrected or taken out where it cannot be kept.
How it works
The Florida Building Code (section 105.1) requires a permit for most construction, alteration and repair work, and the city or county building department with jurisdiction over the property issues it. When the work was done without one, the missing permit does not leave when the property is sold. Common examples are an enclosed garage or patio, an addition, a converted room, replaced windows or doors, and electrical or plumbing changes.
Code enforcement in Florida is handled locally under Chapter 162, Florida Statutes. The process generally starts with a notice of violation that names the problem and gives a time to correct it. If it is not corrected, the case can be set for a hearing before a code enforcement board or special magistrate. The exact steps and dates are on your notice and vary by city and county.
An after-the-fact permit usually begins with a check of the permit history. Drawings are prepared if the building department asks for them. The permit is applied for, inspectors look at the work, and the work is brought up to code where needed. An open or expired permit stays on the property record until it is properly closed out, so the end goal is inspections through to final.
What you can check yourself
- Read the notice closelyNote exactly what work is cited, the compliance date and any hearing date. The notice names the code office that handles your case.
- Ask for the permit historyYour local building department can tell you what permits exist for the address and whether any are open or expired.
- Look at the cited workPhotograph the area from the outside and inside, such as a converted garage, an enclosed porch or replaced windows. Photos help when someone looks at the scope with you.
- Gather your closing papersSale documents, inspection reports or old listings may show when the work was done. Keep them with the notice.
- Leave trade work to licensed tradesDo not open walls or touch wiring or plumbing yourself. Electrical, plumbing and air-conditioning work is done by contractors licensed in that trade, and anyone can verify a licence on the DBPR website.
When to call us
Call when the notice points to work that needs a permit, or when you do not know whether the previous owner's work was ever permitted. Have the notice, any order, and your photos ready. We read the notice with you, look at the property and tell you what work the violation needs. The price is agreed in writing before work starts, and the estimate is free. Reach us at (954) 906-7864 or through the form on the website.
Questions about your own case, such as deadlines, hearing dates, fines and liens, go to the code enforcement office named on your notice. We are a contractor, not a law firm, so we do not represent owners at hearings or negotiate fines or liens. Legal questions go to a Florida attorney.
What we will do
- Identify the work and check the historyWe identify the unpermitted work and check the permit history so the scope matches what the notice cites.
- Handle drawings and the permitWhere the building department needs drawings, we have them prepared. We apply for the after-the-fact permit under our Florida Certified Building Contractor licence, CBC1267336.
- Open surfaces and bring work to codeWhere an inspector has to see framing, wiring or plumbing, we open the finished surface. We then bring the work up to the Florida Building Code, or take it out where it cannot be kept.
- Coordinate licensed tradesElectrical, plumbing and AC portions are done by our Florida-licensed subcontractors under their own trade permits.
- Schedule inspections and give you the paperworkWe schedule inspections through to final and work to get the permit closed out. You get the paperwork to show the code office named on your notice.
Work by 360 Home Improvements, Florida Certified Building Contractor CBC1267336. Electrical, plumbing and AC work goes to our Florida-licensed subcontractors, who pull that trade's permit.
Related questions
- Can I just permit the work now, even if it was done years ago?
- Work already done without a permit generally has to be permitted after the fact through the local building department. What that involves depends on the work and the department, so ask them what they require.
- Will the inspector make me open walls or ceilings?
- It can happen when an inspector needs to see framing, wiring or plumbing that is now covered. The building department decides what must be opened up. We handle the opening and the repair of the surface afterward.
- What if the work cannot meet code?
- The building department may require the work to be corrected or taken out. We can do either, once the scope is clear and you have agreed the price.
- How much will fixing it cost?
- It depends on the scope of the violation, whether a permit and drawings are needed, whether finished work has to be opened for inspection, the materials, and whether licensed trade work is involved. We give a free estimate after looking at the notice and the property.
- Does an open or expired permit matter too?
- Yes. An open or expired permit stays on the property record until it is properly closed out. Check its status with your local building department.
This page is general information about Florida code enforcement, not legal advice. For questions about your own case (deadlines, hearing dates, fines or liens), contact the code enforcement office named on your notice, or a Florida attorney.
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Keep reading
- The violationWork done without a permit
- AnswerWhat does it mean when I get cited for unpermitted work in Florida?
- AnswerWhat does the compliance date on my Florida code enforcement notice actually mean?
- AnswerWhat is the difference between a code violation notice and a recorded enforcement order?
- Every code violation question we have answered
Or send us your notice details
Tell us what the notice says and where the property is, and we'll get back to you about the work it needs.
Code Violation Solver is run by 360 Home Improvements, a licensed Florida contractor. We fix the condition behind the violation; the code office named on your notice decides the case.