Direct answer
Start by finding out which department issued the permit and what it needs to close the file. Florida Statutes section 553.79(17)(a) says a local enforcement agency may not deny a permit to, cite, or fine an arms-length purchaser for value solely because a previous owner’s permit was not closed, and the agency keeps its rights and remedies against the property owner and contractor listed on the permit. The open permit still stays on the record until someone closes it, and section 553.79(16)(a) lets the current owner do that.
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 the buyer protection covers
Section 553.79(17)(a) says a local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize, sanction, or assess fees against an arms-length purchaser of a property for value solely because a building permit applied for by a previous owner was not closed. The agency keeps all of its rights and remedies against the property owner and contractor listed on the permit.
Two words matter: “arms-length” and “solely.” The protection is about the old permit itself: the agency may not act against the buyer solely because the previous owner’s permit was not closed. It does not approve the work or close the file. The subsection mentions only unclosed permits. It does not mention separate code enforcement cases, recorded code orders or liens, or work that was never permitted, so do not assume it covers them. Whether the protection applies to your purchase, and how any other issue on the property affects you, is a legal question for a Florida attorney.
Why you may still want the permit closed
An open file can come up again when you apply for new work, refinance, insure, or sell. Our post Selling a Florida Home With Open or Expired Permits covers what sellers and buyers usually face before closing. This post is for the owner who already closed and now owns the file.
Step 1: Confirm the issuing department
- Miami-Dade: the County handles unincorporated properties with folios beginning with 30. Each of the County’s municipalities has its own building official. The County also says that expired, open, or revoked County permits on a property now in a city must first be closed out with that city, and then the city’s building official notifies the County for administrative closure.
- Broward: most permits come from the city. The County’s Building Code Division covers the Broward Municipal Services District and the cities it contracts with. The City of Fort Lauderdale, for example, asks owners to confirm with the Broward County Property Appraiser that the property is in the City before requesting records.
- Palm Beach: a Parcel Control Number that begins with 00 is in unincorporated Palm Beach County. Other first digits identify a municipality.
See Which Department Issues Your South Florida Permit.
Step 2: Get the permit history
Ask for every permit on the property, the inspection results, and the last approved inspection. Note which permit is open, what work it covered, and who the listed contractor is. Compare that with what is built today.
Step 3: Choose a way to close it
Section 553.79(16)(a) says a property owner may close a building permit even if the owner is not the one listed on the application. The statute gives three routes:
- Keep the original contractor listed on the permit.
- Hire a different contractor appropriately licensed in Florida. That contractor is not liable for defects in the original contractor’s work, only for the work he or she performs.
- Act as an owner-builder, under sections 489.103(7) and 489.503(6), if you qualify.
The statute defines “close” as satisfying the requirements of the permit. Other paths may also fit: section 553.79(16)(b) for an expired permit whose work was substantially completed, as determined by the agency, and section 553.79(16)(c), which lets an agency close a permit 6 years after issuance if it determines no apparent safety hazards exist.
Step 4: Use the department’s own forms
Each department has its own steps. Miami-Dade County lists separate building permit applications for change of contractor, permit extensions, and reissuing an expired permit. Palm Beach County PZB says a permit from after about 1992 with no superseding permit must be reactivated, and an older permit needs a general inspection. Broward County’s Building Code Division points owners to its permitting packet to extend or renew a building permit. Cities in all three counties use their own forms.
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.
Get help closing a permit left by a previous owner
Permit Busters, LLC helps new owners pull permit histories, find out what the issuing department requires, and prepare the change-of-contractor, reactivation, or closeout package. We do not give legal or title advice. See open and expired permit closeout and change-of-contractor permit help. 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
Can I be fined for an open permit the previous owner left?
Florida Statutes section 553.79(17)(a) says a local enforcement agency may not fine, penalize, sanction, or assess fees against an arms-length purchaser for value solely because a building permit applied for by a previous owner was not closed. The agency keeps its rights and remedies against the property owner and contractor listed on the permit. This is general information, not legal advice.
Does the buyer protection close the old permit?
No. Section 553.79(17)(a) limits what the agency can do to an arms-length purchaser for value solely because of the old permit. It does not close the file or approve the work, and it mentions only unclosed permits, not separate code cases. The permit stays open until its requirements are satisfied or the department closes it another way.
Can a new owner close a permit pulled by the previous owner?
Yes. Section 553.79(16)(a) lets a property owner close a building permit even if someone else applied for it. The owner may keep the original contractor, hire a different Florida-licensed contractor, or act as an owner-builder if qualified.
Is a new contractor responsible for the old contractor’s work?
Section 553.79(16)(a) says a contractor hired by the owner to close a permit, other than the original contractor, is not liable for defects in the original contractor’s work and is only liable for the work he or she performs.
Who do I contact to close an open permit after I buy?
The building department that issued the permit. In Miami-Dade, folios beginning with 30 are unincorporated County properties. In Palm Beach County, Parcel Control Numbers beginning with 00 are unincorporated. In Broward, most permits come from the city.