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Permit Busters guide: Owner-Builder Permits in Broward: The Disclosure and the Limits

Owner-Builder Permits in Broward: The Disclosure and the Limits

Direct answer

An owner-builder permit lets a Florida property owner act as their own contractor for certain work without a contractor’s license. Under Florida Statutes section 489.103(7), the owner must personally appear and sign the permit application, sign the state disclosure statement, and provide direct, onsite supervision. The exemption generally covers a one- or two-family home or farm outbuilding for the owner’s own use, not for sale or lease. In Broward, the city or County office that issues the permit adds its own forms.

Have questions about a specific property? Call (954) 616-5823.

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.

Who qualifies

Section 489.103(7)(a)1 covers owners who act as their own contractor and provide direct, onsite supervision themselves of all work not performed by licensed contractors, when building or improving:

  • farm outbuildings or one- or two-family residences on their property, for the owners’ own occupancy or use and not offered for sale or lease, or
  • commercial buildings, at a cost not to exceed $75,000, for the owners’ own occupancy or use and not offered for sale or lease.

The statute adds narrower exemptions for some storm-damaged shingle repairs after a declared emergency, certain solar projects, and completing a permit the listed contractor substantially completed (below). Electrical work has a parallel owner exemption in section 489.503(6).

The 1-year sale or lease presumption

If an owner-builder sells or leases, or offers to sell or lease, the structure within 1 year after completion, section 489.103(7) says that creates a presumption that the work was done for sale or lease, which the exemption does not allow. If you plan to sell or rent soon, talk with a Florida attorney before choosing this route.

What the disclosure statement says

Section 489.103(7)(c) requires the local permitting agency to give the owner a disclosure statement, and the owner must sign it before the permit is issued. Among other things, the owner acknowledges that:

  1. As an owner-builder, the owner is the responsible party of record on the permit.
  2. The owner must provide direct, onsite supervision of the construction.
  3. The owner may not hire an unlicensed person to act as contractor or to supervise people working on the property.
  4. Unlicensed workers must work under the owner’s direct supervision and be employed by the owner, which brings federal tax withholding and workers’ compensation duties.
  5. The owner may be held liable for injuries to an unlicensed person working on the property, and homeowner’s insurance may not cover those injuries.

The statement also says a copy of the owner’s driver license, the owner’s notarized signature, or other verification acceptable to the department is required when the permit is issued.

What Broward offices ask for

Most Broward permits are issued by the city. The County’s Building Code Division covers the Broward Municipal Services District and the cities it contracts with, and its forms list includes an Owner-Builder Statement Affidavit and the Broward County Uniform Permit Application. City examples:

  • Hollywood: the City’s owner-builder disclosure and affidavit says the owner must personally appear and sign, asks for a state-issued driver’s license or ID, and has the owner acknowledge responsibility to perform or personally supervise all permitted work.
  • Tamarac: the City’s owner-builder affidavit says owners must personally appear at the Building Division to sign, asks for proof of ownership such as a deed or homestead exemption with a utility bill and ID showing the job address, and asks the owner to certify they have not completed a residence or duplex under an owner-builder permit in the past 12 months.
  • Lauderdale Lakes: the City’s owner-builder checklist requires the owner to personally appear and sign and to list the licensed subcontractors for the project.

Plans, product approvals, and other documents are required just as they are for a contractor’s permit. Signed and sealed plans, when required, must be prepared by a Florida-licensed engineer or architect. Permit Busters, LLC can help coordinate that step.

City pages: Hollywood, Tamarac, Fort Lauderdale, Pembroke Pines, Coral Springs, and Lauderhill. County hub: Broward County permit help.

Finishing a permit your contractor almost completed

Section 489.103(7)(a)4 covers an owner completing the requirements of a building permit where the contractor listed on the permit substantially completed the project, as determined by the local permitting agency, for a one- or two-family residence, townhome, accessory structure, or individual condominium or cooperative unit. The owner must get the agency’s approval first, and an owner who qualifies under this paragraph is not required to occupy the dwelling or unit for 1 year after completion. The condominium and cooperative unit language appears only in this completion exemption. The general owner-builder exemption in section 489.103(7)(a)1 lists one- and two-family residences, farm outbuildings, and commercial buildings, not individual condominium units, so for other condo or co-op work, ask the issuing department whether an owner-builder permit is available. Section 553.79(16)(a)2 also lets a property owner close a permit by assuming the owner-builder role. See change-of-contractor permit help.

Get help with an owner-builder permit

Permit Busters, LLC can help owner-builders find the right Broward office, assemble the application package, and coordinate plans. The owner must personally appear, sign, and supervise the work; we do not act as your contractor, and the building official decides whether the exemption applies. See residential permits. 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.

Questions people ask

Who can pull an owner-builder permit in Broward?
A property owner who qualifies under Florida Statutes section 489.103(7). The exemption generally covers one- or two-family residences and farm outbuildings, and building or improving commercial buildings at a cost not to exceed $75,000, for the owner’s own use or occupancy and not offered for sale or lease. The city or County office that issues the permit applies its own requirements too.

Do I have to go to the building department in person?
Usually, yes. Section 489.103(7)(c) says the owner must personally appear and sign the building permit application, with a limited exception for certain electronic solar applications. Broward city forms reflect this. Tamarac’s affidavit says owners must personally appear at the Building Division to sign, and Hollywood’s form asks for a state-issued ID.

Can I sell or rent the house after an owner-builder project?
Be careful. Under section 489.103(7), selling or leasing the structure, or offering it for sale or lease, within 1 year after completion creates a presumption that the work was done for sale or lease, which the exemption does not allow. A separate rule applies to owners completing a permit the listed contractor substantially completed. This is general information, not legal advice.

Can I hire workers on an owner-builder permit?
You may hire licensed contractors for work within their licenses, but you may not hire an unlicensed person to act as your contractor or to supervise. The statutory disclosure says unlicensed workers must work under your direct supervision and be employed by you, which brings tax withholding and workers’ compensation duties.

Can I finish a permit my contractor left almost done?
Possibly. Section 489.103(7)(a)4 covers an owner completing a permit when the local permitting agency determines that the listed contractor substantially completed the project, for a one- or two-family home, townhome, accessory structure, or individual condominium or cooperative unit. The owner needs the agency’s approval first and does not have to occupy the home or unit for 1 year afterward. The condo and co-op coverage applies only to finishing a substantially completed permit.