Navigating Open Permits on Residences in the Sunshine State of Florida © Cynthia Crofoot Rignanese, Esq. (2024)
Introduction:
Florida -- known for its beautiful beaches, diverse landscapes, and vibrant communities -- is a state where residents take pride in their homes. However, navigating the world of permits can be a complex task, especially when it comes to open permits on residences. In this blog, I will delve into the intricacies of open permits in the state of Florida, understanding what they are, how they occur, and the steps homeowners can take to address them.
Understanding Open Permits:
Open permits are essentially unfinished or unresolved permits that were issued for construction or renovation projects on a property. In Florida, the local building department issues permits to ensure that construction projects comply with building codes and regulations. When a property owner initiates a construction project, they must obtain the necessary permits before commencing work.
Typical Reasons for Open Permits:
Unfinished Construction Projects: One of the primary reasons for open permits is incomplete construction. If a homeowner starts a project and doesn't finish it or fails to obtain a final inspection, the permit remains open.
Changes in Ownership: Open permits can also occur when a property changes ownership. If the new owner is unaware of existing permits or neglects to address them, they may persist. My law firm insists on a ‘municipal lien’ search to find any permitting issues for any real estate closing that we do; this avoids the “unaware” problem.
Expired Permits: Permits have expiration dates, and if the construction project extends beyond that date without completion or without a final inspection, the permit becomes invalid; this results in a permit issue typically categorized as an “expired permit.”
Impact on You and Your Home:
Having open permits can affect your home in various ways. It may hinder the ability to sell or refinance the property, as potential buyers or lenders may be wary of unresolved construction issues. Additionally, municipalities may impose fines for unresolved permits, adding financial burdens to homeowners.
Resolving Open Permits:
If you discover an open permit on your property, taking prompt action is crucial. Here are steps homeowners can take:
Contact the Contractor: Speak to the Contractor to determine why it is open. One situation may be that the Contractor did everything correctly to have the final inspection and close the permit; but the Building Department failed to properly post the completion.
Contact the Building Department: Reach out to the local building department to obtain information on the open permit. Understand the reasons behind it and inquire about the necessary steps to close it.
Complete the Construction: If the open permit is due to incomplete construction, work with licensed contractors to finish the project. Schedule inspections to ensure compliance with building codes.
Obtain Final Inspection: Request a final inspection from the building department to close the open permit officially. This involves demonstrating that the construction meets all required standards.
Conclusion:
Navigating open permits on residences in Florida requires diligence and proactive measures. By understanding the reasons behind open permits, their impact on homeowners, and the steps to address them, residents can maintain the integrity of their properties and avoid potential obstacles when it comes to property transactions.
Ms. Rignanese is the Founding Member and Managing Partner of Rignanese & Associates; she has been practicing law in Winter Haven since 1991. Her practice focuses in estate planning, business, corporate and real property law. In her free time, she is an avid reader and self-educated historian.
Rignanese & Associates is available to work with clients on their individual legal matters. Please reach out to us at our headquarters adjacent to the Chamber of Commerce at 141 5th Street, NW, Suite 300, Winter Haven, Florida 33881 at 863.294.1114.