Open permits, expired permits, unpermitted additions and code violations are some of the most common problems we see in Miami-Dade home sales. They can delay a closing or scare off buyers, but most of them can be solved. Here is how.
What counts as a permit problem
- Open or expired permits: work was permitted but never got a final inspection. These can stay on the property's record for years.
- Unpermitted work: a garage conversion, added bathroom, enclosed patio, new windows or A/C installed without a permit.
- Code violations and liens: fines from the city or county for things like an overgrown yard, an unsafe structure or work without a permit. Unpaid fines can become liens on the property.
How buyers find out
Most buyers' title companies order a municipal lien search that checks for open permits, code cases and unpaid utility or special assessment liens. Inspectors and appraisers also notice additions that do not match county records. It is better for you to find out first.
Your options as a seller
| Option | What it involves |
|---|---|
| Close the open permit | Have the original contractor (or a new one) call for the final inspection, or reapply if it expired. Old permits sometimes need the work brought up to current code. |
| Legalize unpermitted work | Apply for an "after-the-fact" permit with plans, inspections and any needed corrections. |
| Remove the unpermitted work | Sometimes cheaper, such as converting a garage back to a garage. |
| Resolve code cases and liens | Fix the violation, then ask the city or county about lien reductions; many offer a process for it. |
| Sell as-is and disclose | Price the home to reflect the issue and sell to a buyer, often an investor, who will handle it. |
Permit rules and lien reduction programs differ between Miami-Dade County and each city (Miami, Hialeah, Coral Gables, Homestead and others). Check with the building department that covers your address. This guide is general information, not legal advice.
If you are buying
- Pull the permit history during your inspection period and compare it to what you see.
- Ask for a lien search early, not the week of closing.
- Price in the cost and time to fix anything open, and get a contractor's opinion.
- Remember that unpermitted space may not count in the appraisal and may be hard to insure.
We deal with this all the time
After about 20 years of renovating South Florida homes, we have closed out permits, legalized additions and sold homes as-is with open issues. Tell us the address and we will help you figure out the fastest, least expensive fix.
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