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Code Violation Solverby 360 Home Improvements · CBC1267336 · CCC1335340Call

Selling with open violations or permits?

A practical checklist for Florida sellers: find out what's on record, get it corrected and closed out where you can, and have the paperwork ready for buyers and the title company. Pick your county for the official search links, mark each step as you go, and print it for your agent. It runs in your browser: nothing you enter is saved or sent anywhere.

Florida · general information, not legal advice

Have you checked the records for this property yet?

For links to the official code case searches and the county's official records.

Only shown on your printed copy. It stays on this page.

0 of 14 steps done. 14 to go.

1. Find out what's on record

Open code cases, recorded liens and open permits often first come up in the title work for a sale. These searches move that to before you list.

  1. 1.Gather the paperwork you already have
    • Any letter from code enforcement or the building department, with its case number.
    • Permit cards, approved plans and inspection results.
    • Contracts and invoices from anyone who worked on the house, with their license numbers.
    • The papers from when you bought the house, including the title policy and any survey.
  2. 2.Check for open code cases
    • Search your city's code case portal by address, or call its code compliance office. Areas outside any city are handled by the county.
    • Note every open case: its number, what it's for, and the compliance date.

    Pick your county above to see the official search links here.

  3. 3.Search the county's official records for recorded orders and liens
    • Search by owner name. Look for an order imposing a fine, a certified copy of an order, or a lien naming a city or the county.
    • Under Chapter 162 of the Florida Statutes, a certified copy of an order imposing a fine can be recorded in the public records, and once it is recorded it is a lien on the property.

    Pick your county above to see the official search links here.

  4. 4.Look up the permit history
    • Use the building department's permit search, or ask it for the permit history of the address.
    • Note every permit that shows as open, expired or not finaled, and anything built or replaced that has no permit at all.

    Pick your county above to see the official search links here.

  5. 5.Order a municipal lien search
    • It's often ordered through a title company. Depending on who runs it, it can report open code cases, recorded code liens, open or expired permits, and amounts owed to the city such as utility balances.
    • Ordering it before you list leaves room to deal with what it finds.

2. Get it corrected and closed out

Where you can, get each item corrected, permitted and inspected before the house goes on the market, and keep written proof.

  1. 6.Ask the code office what will close each case
    • For each open case, ask the inspector exactly what will satisfy compliance, whether a permit is needed, and how the re-inspection is requested.
    • Write down who you spoke to, when, and what they said.
  2. 7.Get the violations corrected, with permits where needed
    • In Florida, most building, alteration and repair work needs a permit before it starts. The building department says what is exempt.
    • Use a licensed contractor, and check the license on the state's DBPR search before work starts.
  3. 8.Close out open and expired permits
    • A permit stays open until it passes its final inspection. Florida law lets a property owner close a permit someone else applied for, by keeping the original contractor or hiring another Florida-licensed contractor to finish the work and get the inspections. Florida also has an owner-builder route, but it comes with conditions of its own, including about selling the property afterwards, so ask the building department before you rely on it.
    • If a permit has expired but the work was substantially completed, Florida law lets the building department close it without a new permit, if it agrees the work was substantially completed.
    • For a permit issued more than 6 years ago, Florida law lets the building department close it without a final inspection if it finds no apparent safety hazards. Whether it does is its decision, so ask.
    • Check any contractor's license on the state's DBPR search before they take over a permit.
  4. 9.Deal with work done without a permit
    • It's usually resolved with an after-the-fact permit: drawings where needed, inspections, and corrections until the work passes.
    • Where the work can't be permitted, it comes out, and removal can need a permit of its own. The building department decides which applies.
    • Check the contractor's license on the state's DBPR search before work starts.
  5. 10.Get written proof that each item is closed
    • After the re-inspection, ask the code office for written confirmation that the case is closed, such as a compliance letter or an affidavit of compliance. What it's called, and how you get it, differs between cities.
    • For permits, keep the final inspection record from the building department.

3. Paperwork for buyers and closing

Have the records ready, and put the legal and contract questions to the people who can answer them.

  1. 11.If a lien was recorded, ask the city or county about it
    • Ask the code office for the case number, whether the property is now in compliance, and how a lien release, or a reduction request, works there.
    • That process and its outcome are the city's or county's decision. For legal questions about the lien, talk to a Florida attorney.
  2. 12.Put together a records folder for buyers
    • Permits with their final approvals, inspection results, compliance letters, contractor invoices with license numbers, and dated before-and-after photos.
    • Keep it in one folder or file you can share with your agent and the title company.
  3. 13.Talk to your agent, title company or a Florida attorney
    • Ask them how open cases, permits or liens should be disclosed, and how anything still open will be handled at closing.
    • Chapter 162 of the Florida Statutes has its own rules for a property that changes hands while a code enforcement case is pending, so raise any open case with them before you list.
    • Those are legal and contract questions, and this checklist doesn't answer them.
  4. 14.Ask the title company to bring the searches up to date
    • A search shows the records on the day it was run. Ask the title company when it will update the lien search before closing.
    • Send it the proof for anything closed since the first search.

Your pre-listing checklist

14 steps to go

0 done · 0 don't apply · 14 in all

Still to do

  • Gather the paperwork you already have
  • Check for open code cases
  • Search the county's official records for recorded orders and liens
  • Look up the permit history
  • Order a municipal lien search
  • Ask the code office what will close each case
  • Get the violations corrected, with permits where needed
  • Close out open and expired permits
  • Deal with work done without a permit
  • Get written proof that each item is closed
  • If a lien was recorded, ask the city or county about it
  • Put together a records folder for buyers
  • Talk to your agent, title company or a Florida attorney
  • Ask the title company to bring the searches up to date

Good to know

  • This is general information, not legal advice. It doesn't say what you have to disclose or how a sale must be handled: ask your real-estate agent, title company or a Florida attorney.
  • Questions about a code case go to the code enforcement office named on your notice. What happens to a fine or a lien is the city's or county's decision, and nobody can promise an outcome.
  • Each city and building department runs its own process for re-inspections, compliance letters and permit close-outs, so ask the office that handles yours.
  • Nothing you enter is saved or sent anywhere. Print the checklist to keep it or share it with your agent.

Need the work done before you list?

360 Home Improvements is a licensed Florida contractor, Certified Building Contractor CBC1267336 (verify on the state’s DBPR search (opens in a new tab)). We correct code violations, take over and work open building permits through to final inspection, and get unpermitted work permitted or removed. Electrical, plumbing and AC work goes to our Florida-licensed subcontractors, who pull that trade’s permit. Request a free estimate.

How this works

Open code cases, recorded code liens and open or expired permits often first come up in the title work for a sale. This checklist moves those searches to before you list: the city's code case search, the county's official records, the permit history and a municipal lien search. Then it lays out what getting each item corrected and closed out usually involves, and the proof buyers and the title company tend to ask for.

Tell it what you already know, and it shows the steps that apply. Pick your county for links to its official code case searches and official records. Mark each step done, or not applicable, and print it. Questions about disclosure, contracts and closing go to your real-estate agent, title company or a Florida attorney.

It runs in your browser and nothing you enter is sent anywhere. It is general information about how code enforcement usually works in Florida, not legal advice. Your notice, your city or county’s code and the code office named on the notice are what count. For legal questions, talk to a Florida attorney.

Questions people ask

What is a municipal lien search?
A search of city and county records for items tied to the property, such as open code cases, recorded code liens, open or expired permits and amounts owed to the city. It's often ordered through a title company, and what it covers depends on who runs it and which offices it checks.
Can I sell a house with an open code violation or an open permit?
Buyers, lenders and title companies each look at open items differently, and some will ask for them to be closed before closing. Chapter 162 of the Florida Statutes also has its own rules for a property that changes hands while a code enforcement case is pending. Put the question to your real-estate agent, title company or a Florida attorney. Getting items corrected and closed out before you list gives you more options.
Do I have to tell buyers about open violations or permits?
That's a legal question, and this checklist doesn't answer it. Florida has rules on it, including rules in Chapter 162 of the Florida Statutes for a property sold while a code enforcement case is pending, so ask your real-estate agent, title company or a Florida attorney before you list.
How do I close a permit the last owner or contractor left open?
Florida law lets a property owner close a permit someone else applied for, usually by keeping the original contractor or hiring another Florida-licensed contractor to finish the work and pass the inspections. Your building department runs the process and decides what it needs to see.
Will correcting the violation remove a recorded lien?
Not by itself, and nobody can promise what a city or county will decide. Correcting the violation is usually the first thing a city wants to see. After that, ask the code enforcement office named on your paperwork about its process, and talk to a Florida attorney for legal questions.
What proof should I keep for buyers?
The final inspection record for each permit, written confirmation that each code case is closed, such as a compliance letter or affidavit of compliance, contractor invoices with license numbers, and dated before-and-after photos.

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