Open permit holding up your closing?
It usually turns up in the title search, a few days before closing. A screen room from 2009, a water heater nobody finaled, a porch the last owner never permitted. Here is how it gets closed, and who does what.
Tell us the closing date on the first screen. We plan the inspections around it.
Most of these end one of two ways.
Which one depends on what the building department's records say. We look that up first, before anyone spends a dollar.
A permit is open or expired
The work was permitted, but nobody finished the inspections.
- We pull the permit history for the address and read what is still open.
- We take over as contractor on the permit. Florida allows this, and we don't take on the earlier contractor's work (F.S. 553.79(16)(a)).
- We book the missing inspections. If something fails, you get the fix in writing, with a price, before we touch it.
- The final passes, and we send the closed status to whoever you tell us to: you, your agent, the title company.
The work was never permitted
An "after-the-fact" permit for work that's already built.
- We look at the work and tell you plainly what the building department will want to see.
- We line up any drawings or engineer's letter it needs.
- We apply for the permit. Most offices charge a penalty on these; their published amounts are below.
- Inspections, sometimes with a wall or footing opened so the inspector can see it. Then the final.
Electrical, plumbing, A/C and roofing permits are closed by a contractor licensed in that trade. We coordinate them.
What we charge, up front.
Our fee per permit. Building jobs have a minimum; permit work doesn't.
$500
To close it out: the permit history, taking over as contractor, the missing inspections and the final.
$1,200 – $1,300
An after-the-fact permit: looking at the work, the application, and seeing it through the inspections.
On top of our fee: the building department's own fees, including any after-the-fact penalty, at their actual cost, on their own line. Drawings, an engineer's letter, or a fix an inspector asks for are priced in writing before anyone starts on them.
After-the-fact penalties, from each office's fee schedule
| Building department | Penalty on an after-the-fact permit |
|---|---|
| Lake County, Florida (unincorporated) | Double the permit fee |
| City of Eustis | The greater of $150 or double the fee |
| City of Mount Dora | The greater of $150 or double the fee |
| City of Leesburg | The greater of $250 or double the fee |
| City of Tavares | Double the fee (200%) (reported; we confirm with the office) |
| City of Umatilla | No more than the basic permit fee (reported; we confirm with the office) |
General information, not legal advice or a permit determination. The building department decides what it needs to close a permit.
Send us the address and the closing date.
That's enough to start. A permit number, the old contractor's name, or the title search page that flagged it all help.
The owner signs our agreement, because it's their property and their permit. With the owner's OK, we keep the agent and the title company posted in writing until the final passes.
Listed with RLW Realty? RLW Builders doesn't do pre-sale work on homes RLW Realty is listing. Ask your agent for another licensed contractor.
The contractor who pulled the permit is gone. Can someone else close it?
Yes. Florida lets the owner hire a new licensed contractor to close a permit, and the new contractor is not responsible for the earlier contractor's work (F.S. 553.79(16)(a)).
The permit expired years ago. Does the work have to meet today's code?
Not always. If the work was substantially done, an expired permit can be closed without a new permit, under the code that applied when it was issued (F.S. 553.79(16)(b)). The building department confirms what it needs to see.
Will the buyer be fined for the seller's open permit?
Florida law says a buyer can't be fined just because a prior owner left a permit open (F.S. 553.79(17)). It still needs to be closed, and that is usually sorted out before closing.
What does it cost?
Our fee is $500 to close out an open or expired permit, and $1,200 – $1,300 for an after-the-fact permit on work that's already built. The building department's own fees, including any after-the-fact penalty, are passed along at their actual cost on their own line. If an inspection turns up something to fix, you get that price in writing before we touch it.
The Florida law behind it
- A new licensed contractor can close another contractor's permit without taking on liability for the earlier work. F.S. 553.79(16)(a)
- A substantially complete expired permit can be closed without a new permit, under the code in effect when it was applied for. F.S. 553.79(16)(b)
- A buyer can't be fined solely because a prior owner left a permit open. F.S. 553.79(17)
- Code enforcement fines can accrue daily until compliance. F.S. 162.09