A building permit that was never closed can sit in the records for years without anyone noticing. Then you decide to sell, and it becomes a question you have to answer. The same goes for an enclosed porch, a newer dock or a remodel that never had a permit.
Florida law gives owners several ways to close an open or expired permit. If you’re new to selling, start with our guide to selling a house for the first time.
Key takeaways
- Start with the building department for your address. Palm Beach County’s search covers unincorporated areas, with an exception for annexed land.
- The county’s search counts expired and inactive permits as open.
- Florida law lets an owner close a permit someone else pulled, with a licensed contractor or, in some cases, as an owner-builder.
- Palm Beach County warns that unpermitted improvements may result in paying 4 times the fee.
What counts as an open permit?
An open permit is one the building department hasn’t closed, and that covers more than jobs still underway. Palm Beach County counts a permit as open if its status is active, inactive, expired, excluded, in process, ready for issuance, printed, agency approved or stop issue (Palm Beach County Planning, Zoning & Building). So an expired permit still shows up as open.
Florida law makes it unlawful to construct, erect, alter, modify, repair or demolish any building without first getting a permit from the enforcing agency, unless another law provides otherwise (s. 553.79, Florida Statutes).
Permits can also expire. Under the same statute, a building permit issued by a local government for a single-family dwelling expires 1 year after issuance or when the next edition of the Florida Building Code takes effect, whichever is later. A local government may send the owner and the listed contractor a written notice at least 30 days before a permit expires. The statute says may, not must, so don’t count on a reminder.
Why do open permits matter when you sell?
They matter because Florida’s permit law shields the buyer, not the people named on the permit. Under s. 553.79(17)(a), a building department may not deny a permit to, cite, fine, penalize or charge fees to an arm’s-length buyer for value solely because a previous owner’s permit wasn’t closed (s. 553.79, Florida Statutes).
The agency keeps “all rights and remedies against the property owner and contractor listed on the permit.” If that’s you or your contractor, close the permit while you still own the home.
Disclosure is the second reason. In Johnson v. Davis (1985), the Florida Supreme Court held that a home seller who knows of facts materially affecting the property’s value that aren’t readily observable and aren’t known to the buyer has a duty to disclose them, for new and used property alike (Caselaw Access Project, Harvard Law School Library).
Whether a particular open permit or unpermitted addition rises to that level is a question for a Florida real estate attorney. Our guide to selling a waterfront home covers flood and defect disclosure.
How do you find open permits on your home?
Start with the building department that covers your address, because Palm Beach County’s search doesn’t reach every home in the county. The county says its search results represent unincorporated Palm Beach County and don’t include properties in municipalities, except land annexed from the county by a municipality (Palm Beach County Planning, Zoning & Building).
What each office says:
| Where the home is | How to search | What the office says |
|---|---|---|
| Unincorporated Palm Beach County | ePZB Online Interactive Services | Public online open-permit searches of non-confidential properties; results aren’t certified by staff (county handout) |
| Town of Jupiter | Online portal, or a Building Department records request | Permit packages, open and expired permits and re-roof permits are accessible (Town of Jupiter) |
| Village of North Palm Beach | Permit Search Request form | A $50.00 non-refundable fee for each open/expired permit search; allow 5 business days (Village of North Palm Beach) |
| Martin County | Accela Citizen Access | No login needed to search permits or permit status (Martin County) |
If the home is in Palm Beach Gardens, Tequesta, Juno Beach or another city or town, ask that municipality’s building department how to search its records, and check the county too if the land was annexed. Either way, read every status in the results, not only the active ones.
How do you close an open or expired permit?
You close a permit by doing the work its conditions require and passing the inspections, and Florida law lets the current owner do that even if someone else applied for it. Under s. 553.79(16)(a), you can keep the original contractor, hire a different Florida-licensed contractor, or take on the owner-builder role (s. 553.79, Florida Statutes).
Keep the original contractor or hire a new one
A replacement contractor isn’t liable for defects in the original contractor’s work, only for its own. Before you sign anything, look up the license number on the Florida Department of Business and Professional Regulation’s License Search.
Close it as an owner-builder
The owner-builder route runs through s. 489.103(7). One version covers finishing a permit the listed contractor substantially completed, on a one- or two-family home, a townhome, an accessory structure, or a condo or co-op unit. The local permitting agency must approve it first and determine that the contractor substantially completed the project. An owner who qualifies this way isn’t required to occupy the home for at least 1 year afterward (s. 489.103, Florida Statutes).
Outside that route, owner-builder work has a limit that matters to sellers. The statute’s owner-builder disclosure statement says that if you sell or lease within 1 year after building or substantially improving a home yourself, the law presumes it was done for sale or lease, which violates the exemption. Ask the building department and a Florida real estate attorney before you choose it.
If the permit has already expired
If an expired permit’s requirements were substantially completed, as the building department determines, s. 553.79(16)(b) says it may be closed without a new permit. The remaining work may follow the code in effect when the department received the original application, unless the contractor got approval for an alternative material, design or method.
There’s also a 6-year rule. A building department may close a permit 6 years after issuance, even without a final inspection, if it determines no apparent safety hazards exist (s. 553.79(16)(c)). It says may, so closure isn’t automatic.
How do Palm Beach County and Jupiter handle inactive or expired permits?
Each publishes its own procedure, and Palm Beach County’s depends on the permit’s age. In unincorporated Palm Beach County, an inactive permit from after about 1992, with no superseding permit for the same scope of work, must be reactivated. For one from before 1992, a general inspection is required instead (Palm Beach County Planning, Zoning & Building).
Depending on the extent of the inspection history, the county says, code upgrades “may or may not be required.” Its fee to renew or extend an inactive permit is $75 within 180 days of inactive status. After that, it’s 30% of the original permit fee, with a $75 minimum, and it may require additional impact, building or other fees because of increases since the original application.
The Town of Jupiter’s written procedure for expired permits says a new permit or a revalidation of the original “may be issued on application” if the work meets all applicable regulations in effect when the original permit became null and void, plus any that took effect after it expired (Town of Jupiter Building Department).
What about work done without a permit?
Settle it with the building department before you list. Palm Beach County’s owner-builder guidelines warn that “performing improvements on your property without proper building permits may result in paying 4 times the fee,” and they list enclosing a carport, garage or porch among the county’s permit types (Palm Beach County Building Division).
Ask the building department for your address how it handles work done without a permit, and have a Florida-licensed contractor assess what the work needs. Then raise disclosure with your attorney.
Docks, lifts and seawalls
Marine work can involve several agencies. Palm Beach County’s Type 8 marine structures checklist says marine structures may involve approval of the U.S. Army Corps of Engineers, the Florida Inland Navigation District, the Florida Department of Environmental Protection, Palm Beach County Environmental Resources Management and a water management district. It urges applicants to contact them before applying (Palm Beach County Building Division).
Florida’s state permit exemptions in s. 403.813(1), including those for private docks and seawall restoration, don’t relieve an applicant from other requirements of county and municipal governments (s. 403.813, Florida Statutes). A dock exempt from state permitting can still need a local permit. Our guide to coastal home maintenance in South Florida covers upkeep.
Getting ready to list?
From 2017 to 2024, Keller Williams recognized Cibie Cahur as being in the top 1% of all agents, based on county sales statistics, and HomeLight named her a Top Negotiator from 2021 to 2024.
If you’d like help planning what to settle before you list, contact us. A consultation is free, with no obligation.
Call or text 561-401-5758 · The Cahur Group, Keller Williams Jupiter
Frequently asked questions
Can a buyer be penalized for a previous owner’s open permit?
Not solely for that reason. Under s. 553.79(17)(a), a building department may not deny a permit to, cite, fine, penalize or charge fees to an arm’s-length buyer for value solely because a previous owner’s permit wasn’t closed. The agency keeps its rights and remedies against the property owner and contractor listed on the permit.
Do building permits expire in Florida?
Yes. Under s. 553.79(1)(c), a building permit issued by a local government for a single-family dwelling expires 1 year after issuance or when the next edition of the Florida Building Code takes effect, whichever is later. The statute doesn’t prevent a local government from extending it, so ask the building department about your permit.
Does an open permit close automatically after 6 years?
No. Under s. 553.79(16)(c), a building department may close a permit 6 years after issuance, even without a final inspection, if it determines no apparent safety hazards exist. To close a permit sooner, use the original contractor, a new Florida-licensed contractor or, in some cases, the owner-builder route.
The short version
Before you list, find out which building department covers your address, search its records for open and expired permits, and close what you find with a licensed contractor or, where it fits, the owner-builder route. Settle any unpermitted work with the building department, and ask a Florida real estate attorney about disclosure. Still choosing a date? See our guide to the best time to sell in Palm Beach County.
Rules and fees come from the statutes, court opinion and government offices cited inline, and they change. This is general information, not legal or construction advice. Confirm current rules with the building department for the address, a Florida-licensed contractor and a Florida real estate attorney.
