What is the difference between an open permit and an expired permit in Florida?
An open permit is one the building department issued that has not been finalized, so it is still active on the property record. An expired permit is one whose time ran out before the work was inspected and closed, so it has lapsed but is still on the record.
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In practice, both mean the same thing for the property: the permit is not closed out. Neither goes away on its own, and the building department decides what each one needs before it can be closed.
How the two differ and why it matters
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 issues it. After a permit is issued, the work is inspected in stages, and the permit is closed when the final inspection is done. Until then it is open.
A permit generally expires when work stalls or inspections are not requested within the time the building department allows. That time limit and the renewal process vary by city and county, so confirm them with the local building department. An expired permit usually cannot simply be picked back up. Depending on the department, it may be renewed or extended, or a new permit may be needed.
Either type can come from storm repairs, a roof or window replacement, or a previous owner's renovation. Some were opened by a contractor who is no longer around. An open or expired permit stays on the property record until it is properly closed, and it often comes up at a sale or a refinance. It can also come up in a code enforcement case. Chapter 162, Florida Statutes, leaves enforcement to each city or county, so the specifics are on your notice.
What you can check yourself
- Ask for the permit statusContact your local building department and ask for the permit history on the address. Many departments also have an online search, which will list each permit and whether it is open, expired or closed.
- Note who pulled each permitThe record normally shows the contractor or owner who applied and what work it covered. This helps explain whether it came from a previous owner or a contractor who has since left.
- Look for missing inspectionsCheck which inspections are logged and which are not, especially the final. The department can tell you what is outstanding.
- Read any notice carefullyIf a code notice mentions a permit, write down the compliance date and any hearing date. Take your questions about them to the code enforcement office named on the notice.
When to call us
Call when the building department says a permit is open or expired and the work behind it needs inspections, corrections or a new permit. It helps to have the notice, any order, the permit numbers and photos of the work ready.
You can reach us at (954) 906-7864 or through the form on the website. The estimate is free. We look at the notice and the property, give you the price, and start work only once you agree to it. Questions about your own case, such as deadlines, hearing dates, fines and liens, go to the code enforcement office named on your notice. Legal questions go to a Florida attorney.
What we will do
- Pull the permit historyWe get the record from the building department and identify each open or expired permit and the inspections it is missing.
- Check the work against the plansWe compare what was built with the approved plans and note anything an inspector is likely to ask about.
- Renew or re-permit under our licenceWhere a permit has expired or the original contractor is gone, we renew it or apply for a new one under our Florida Certified Building Contractor licence CBC1267336. Electrical, plumbing and AC permits are pulled by our Florida-licensed subcontractors.
- Schedule inspections and make correctionsWe schedule the missing inspections and make the corrections an inspector requires. Each permit is worked through to closed, and you receive 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
- Does an expired permit mean the work was illegal?
- Not necessarily. It usually means the permit lapsed before the final inspection. Work that was done without any permit is a separate situation and generally has to be permitted after the fact. The building department can tell you which applies.
- Can I just close an old permit myself?
- Closing a permit generally requires the department's inspections and sign-off. Who may request them, and whether a contractor is needed, varies by city and county, so ask your local building department.
- What if the contractor who pulled the permit is gone?
- This is common. The building department decides what is needed to close it, which may mean a new permit under another licensed contractor. We can look at the record and tell you what work is involved.
- Do open permits affect a sale or refinance?
- They often surface during those steps because they stay on the property record until closed. Your title company or lender can explain how they treat them.
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 violationOpen or expired permits
- AnswerWhat does it mean when a permit on my property is still open?
- AnswerWhat happens if a previous owner did work without a permit?
- AnswerWhat does the compliance date on my Florida code enforcement notice actually mean?
- Every code violation question we have answered
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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.