Direct answer
“Substantially completed” is the phrase Florida law uses for an expired permit whose work is essentially done. Under Florida Statutes section 553.79(16)(b), if the local enforcement agency determines that an expired permit’s requirements have been substantially completed, the permit may be closed without a new permit. The statute does not define the phrase. The building department that issued the permit decides whether the work qualifies, usually after reviewing the file and the site.
Disclaimer
This article is general information about permitting and code-enforcement processes. It is not legal advice, not a substitute for advice from a Florida-licensed attorney, and not a guarantee of any result, timeline, or fee. Permit Busters, LLC is not a law firm and does not appear as your legal representative. Building and code rules vary by county and municipality and can change. Confirm current requirements, forms, and fees with the building or code office that has jurisdiction over the property, and consult a Florida attorney and, where construction work is required, a Florida-licensed contractor.
Este artículo es información general sobre procesos de permisos y cumplimiento del código. No es asesoramiento legal, no sustituye el consejo de un abogado con licencia en Florida y no garantiza un resultado, un plazo ni un costo. Permit Busters, LLC no es un bufete de abogados y no comparece como su representante legal. Las normas de construcción y de código varían según el condado y el municipio y pueden cambiar. Confirme los requisitos, formularios y tarifas vigentes con la oficina de construcción o de código que tenga jurisdicción sobre la propiedad, y consulte a un abogado de Florida y, cuando se requiera obra, a un contratista con licencia en Florida.
Where the phrase appears in Florida law
The phrase shows up in two places, and both leave the decision to the local building department.
- Closing an expired permit. Section 553.79(16)(b) says that if a building permit is expired and its requirements have been substantially completed, as determined by the local enforcement agency, the permit may be closed without having to obtain a new building permit. The work required to close it may be done under the building code in effect when the agency received the original application, unless the contractor sought and received approval for an alternative material, design, or method of construction.
- Finishing as an owner-builder. Section 489.103(7)(a)4. lets an owner act as owner-builder to complete the requirements of a permit when the contractor listed on the permit substantially completed the project, as determined by the local permitting agency. It covers one-family and two-family residences, townhomes, their accessory structures, and individual residential condominium or cooperative units. The owner must get the agency’s approval first. An owner who qualifies this way is not required to occupy the dwelling or unit for at least 1 year after the project is completed.
Neither section sets a percentage or a checklist. That is why the answer for any one file comes from the issuing department.
Who makes the call
The statute says “as determined by the local enforcement agency.” It does not say which person in the department makes the call, and departments organize this differently. For example, the Town of Jupiter Building Department’s standard operating procedure for expired permits, dated March 3, 2021, assigns the determination to its chief inspector and says the chief must approve an owner-builder before the owner qualifies under the substantially-completed route. That procedure cites these closing rules by an earlier subsection number, 553.79(15); the same rules are now in section 553.79(16). Ask your own department who reviews these requests.
An owner, contractor, buyer, or expeditor cannot make that determination. What you can do is give the department a clear file to review.
What the determination changes, and what it does not
If the department finds the work substantially completed:
- The file may be closed without a brand-new permit.
- Any remaining work may be done under the code in effect when the original application was received, rather than today’s code, unless an alternative was approved.
- If the listed contractor substantially completed the project, the owner may be able to finish as an owner-builder under section 489.103(7)(a)4.
It does not mean the department skips its process. The statute itself refers to “the work required to close the permit,” and it defines “close” as meaning the permit’s requirements have been satisfied, so expect the department to tell you what it still needs. Depending on the file, that may include inspections, corrections, or documents. It is also a different rule from the six-year option in section 553.79(16)(c), which lets an agency close a permit 6 years after issuance if it determines no apparent safety hazards exist. Ask the issuing department which path fits the file.
How to ask the department
- Confirm who issued the permit. In Miami-Dade, the County handles unincorporated properties with folios that begin with 30, and each city has its own building official. In Palm Beach County, a Parcel Control Number that begins with 00 is unincorporated. In Broward, most permits come from the city, and the County’s Building Code Division covers the Broward Municipal Services District and the cities it contracts with. See Which Department Issues Your South Florida Permit.
- Pull the full permit history. Include trade permits, every inspection result, and the last approved inspection.
- Ask how the department handles section 553.79(16)(b) requests. Ask whether it needs a written request, a site visit, photos, or a field inspection, and who must sign the request.
- Gather what shows the work is done. Approved plans, inspection records, and current photos often help the department review the file. If corrections or as-built drawings are needed, the department will say so.
- Get the result in writing. Ask for the updated permit status once the file is closed.
If signed and sealed plans are required, they must be prepared by a Florida-licensed engineer or architect. Permit Busters, LLC can help coordinate that step.
County guides: How to Close an Expired Permit in Broward County and How to Close an Expired Permit in Palm Beach County. If the original contractor is gone, see change-of-contractor permit help.
Get help with an expired permit
Permit Busters, LLC helps owners, buyers, sellers, and contractors read permit histories, find out what the issuing department requires, and prepare the request or closeout package it asks for. The department decides whether the work is substantially completed. See open and expired permit closeout. Approval always rests with the city or county. Call (954) 616-5823, email info@permitbusters.com, or book an appointment. Hours are Monday through Friday, 9 AM to 5 PM. Permit Busters, LLC is based in Lauderhill, FL 33351.
FAQ
What does “substantially completed” mean for a Florida building permit?
It is the phrase Florida Statutes section 553.79(16)(b) uses for an expired permit whose requirements are essentially done. The statute does not define it. The local enforcement agency that issued the permit decides whether the work qualifies.
Who decides if my expired permit was substantially completed?
The local enforcement agency, meaning the building department that issued the permit. An owner, contractor, buyer, or expeditor cannot make that determination. Ask the issuing department how it reviews these requests and what it needs from you.
If my permit is substantially completed, do I need a new permit?
Not necessarily. Section 553.79(16)(b) says an expired permit whose requirements have been substantially completed, as determined by the local enforcement agency, may be closed without a new building permit. The statute also refers to the work required to close the permit, so ask the department what it still needs, such as inspections or documents, before it closes the file.
Does the remaining work have to meet today’s building code?
Under section 553.79(16)(b), the work required to close a substantially completed permit may be done under the building code in effect when the department received the original application, unless the contractor received approval for an alternative material, design, or method of construction.
Can I finish the permit myself if my contractor substantially completed the job?
Possibly. Section 489.103(7)(a)4. lets an owner act as owner-builder to complete a permit when the listed contractor substantially completed the project, as determined by the local permitting agency. The owner must get the agency’s approval first. This is general information, not legal advice.