Open permits, expired permits & code notices
Permit problems usually show up at the worst time: a title search days before closing, or a letter from code enforcement. Florida law gives you a clear way through, and a licensed contractor can usually carry it the whole way. We look up the permit history, tell you what it will take, and see it through to the final inspection.
Lived-in or vacant homes Much of this is paperwork and inspections, which work in any home. If repairs are needed inside, we do that work only while the home is empty.
What's included
- Looking up the permit history for your property
- Closing out an open or expired permit, including one another contractor started
- Permitting work that was done without a permit (an "after-the-fact" permit)
- Answering a code violation notice, through the inspections the city or county asks for
- Coordinating any engineer letters or drawings the building department needs
Licensed trade partners. Electrical, plumbing, A/C and roofing permits are closed by a contractor licensed in that trade. We coordinate them.
The permit, in general
Permit: Yes – three paths: (a) open or expired permit, substantially complete: close it without a new permit under the code in effect at application (F.S. 553.79(16)(b)); (b) work done without a permit: after-the-fact permit, usually about double the permit fee (Lake Co., Eustis, Mount Dora, Leesburg, Tavares; Umatilla's schedule says not more than the basic fee) (confirm locally); (c) notice of violation: permit + inspections through to the code board/special magistrate compliance order
- Zoning
- ATF structures must still meet setbacks/lot coverage – zoning check before promising a permit
- Usually needed
- Permit history / open-permit search for the parcel · Notice of violation + case number + hearing date (if any) · Survey or site plan · As-built drawings; engineer's letter or sealed plans for structural items · Original permit number + original contractor (closeouts) · Photos (and what may need to be opened for inspection) · Change-of-contractor form for that building department (e.g. Lake Co. BF83) · Notice of Commencement (generally over $2,500; a copy is due to the building department before the first inspection over $5,000)
- Inspections
- Whatever inspections the permit never got – the building official decides what must be exposed (walls, footings) or certified by an engineer · Final
General Florida Building Code practice, not your building department's answer: the building department decides. Your city or the county may publish a different list. Check your address for its published checklist and sources.
What Florida law says
- 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
General information, not legal advice. For advice about your situation, talk with a Florida attorney.
After-the-fact permit fees, by office
| Permit office | Penalty for work done without a 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%) (confirm with the office) |
| City of Umatilla | No more than the basic permit fee (confirm with the office) |
From each office's published fee schedule (linked). Renewal, reinspection and engineer costs can apply too. Offices outside this list set their own fees.
Questions people ask
The original contractor is gone. Can someone else close the permit?
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. Do I need a whole new permit?
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.
I'm buying a house with an open permit. Will I be fined?
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 an after-the-fact permit cost?
In most Lake County building departments the penalty is about double the normal permit fee, sometimes with a minimum. Each office's official fee schedule is linked below. Inspections may need some walls or footings opened, or an engineer's letter.
I got a code violation notice. How fast do I need to move?
Quickly. Code fines can add up every day until the property is in compliance (F.S. 162.09). If you have a hearing date, tell us: we put those first.
Is my home 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.
What helps us price it
None of it is required to start. Anything you can send saves a round of questions.
- The address (we look up the permit history)
- Any permit number and the original contractor's name, if you know them
- The violation notice, case number and hearing date, if there is one
- Photos of the work
- Your closing date, if you're selling or buying