Direct answer
The main risks are a code enforcement case, permit penalties, and zoning limits on whether a second unit is allowed at all. Florida law requires landlords to comply with applicable building, housing, and health codes. Local governments can cite work done without a permit and illegal units, and unpaid fines can become liens. Renting the space usually requires legalizing the addition first. That means permits, inspections, and, where the space is a separate unit, the local zoning approval for that use.
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.
What “unpermitted addition” and “illegal unit” mean
An unpermitted addition is space that was built or enclosed without the required building permit, or whose permit was never finaled. An illegal unit is a separate living unit that local zoning does not allow at that property, or that was never approved. These can overlap: a rear addition with its own kitchen and door may be both.
Risk 1: A code enforcement case
Local governments enforce both kinds of problems:
- The City of Miami’s Code Compliance Department lists “work performed without a finalized permit” and failure to register “illegal units” among its common code violations. It also has a way to report an illegal residential use or unit.
- Hialeah’s Building Relief Program FAQ refers to properties cited “for building without a permit or illegal unit,” and says those properties are not eligible for the program once enforcement has begun.
Under Chapter 162 of the Florida Statutes, an enforcement board can order daily fines when its order is not complied with, and those fines can become liens. See How to Resolve a Code Violation in Broward County and How to Resolve a Code Violation in Palm Beach County.
Risk 2: The landlord’s duty to follow building codes
Section 83.51(1)(a) of the Florida Statutes says a landlord, at all times during the tenancy, shall comply with the requirements of applicable building, housing, and health codes. Space that was never permitted or inspected may not have been checked against those codes. Questions about an existing lease or current tenants should go to a Florida attorney.
Risk 3: Higher permit costs once the work is cited
Fixing the problem after a notice can cost more than fixing it before one. Miami-Dade’s homeowner permit FAQ says that if a Notice of Violation has been issued for work done without a permit, the permit is subject to a “double fee” penalty. Hialeah’s relief program is open only to owners who self-report before enforcement begins.
Risk 4: Zoning may not allow a second unit
Even a well-built addition may not be allowed as a rental unit. In unincorporated Miami-Dade, the County’s accessory dwelling unit (ADU) rules allow one ADU in certain single-family zoning districts, with conditions. These include a minimum lot size, a size range for the unit, parking limits, administrative site plan review, a renewable Certificate of Use, and a legal structure with its Certificate of Occupancy. Cities have their own rules, so ask the city’s zoning office before you plan a rental.
How to start fixing it
- Pull the permit history for the property, and check whether a code case is already open. See Which Department Issues Your South Florida Permit.
- Ask the zoning office whether the intended use is allowed at that address.
- Have a Florida-licensed engineer or architect evaluate the addition. 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.
- Apply for the after-the-fact or work-without-permit permit, complete inspections, and get the final certificate. See How to Legalize Unpermitted Work in South Florida.
- Some work may need to be uncovered, corrected, or removed. The building official decides.
Get help legalizing an addition
Permit Busters, LLC can help you research the permit and code history, coordinate as-built plans, and prepare the after-the-fact permit application. If a code case is open, we can help prepare the permit paperwork the correction needs. See after-the-fact permit services and code violation services. 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
Is it legal to rent out an unpermitted addition in Florida?
It can create legal and code problems. Florida law requires landlords to comply with applicable building, housing, and health codes, and local governments can cite work done without a permit and illegal units. Talk to a Florida attorney about your lease, and to the building department about legalizing the space. This is general information, not legal advice.
What can happen if the city finds an illegal unit?
The city can open a code case. Under Chapter 162 of the Florida Statutes, an enforcement board can order daily fines if its order is not followed, and those fines can become liens on the property.
Does getting cited make the permit cost more?
It can. Miami-Dade’s homeowner permit FAQ says that if a Notice of Violation has been issued for work done without a permit, the permit is subject to a double fee penalty. Rules vary by city.
Can an addition become a legal accessory dwelling unit?
Sometimes. In unincorporated Miami-Dade, ADU rules allow one accessory unit in certain single-family districts, with conditions such as lot size, unit size, parking, site plan review, and a renewable Certificate of Use. Cities have their own rules.
What is the first step to legalize an unpermitted addition?
Pull the permit history, check for an open code case, and ask the zoning office whether the use is allowed. Then have a Florida-licensed engineer or architect evaluate the work before you apply for the permit.