Open and Expired Permits in Florida Closings: What Buyers and Sellers Should Know

Published October 9, 2026 · Recalde & Friedman, PLLC

Why open permits matter

A building permit that was issued but never received final inspection stays "open" (or expires) in the building department's records. Open permits don't usually appear in a standard title search, but they can:

• delay a closing when a lender or insurer asks about them;
• complicate future permits or insurance for the property;
• mean that work, such as windows, a roof, an addition or a pool, was never confirmed as code-compliant.

What Florida law says

Under § 553.79, Fla. Stat.(16), a property owner may close a building permit even if they aren't the person listed on it. The owner can hire the original contractor or a different licensed contractor to do the work and inspections needed, or act as owner-builder. A substitute contractor is liable only for the work they perform. If an expired permit's work was substantially completed, the building department may close it without a new permit. A local enforcement agency may also close a permit 6 years after issuance, even without a final inspection, if it determines there's no apparent safety hazard.

For buyers, § 553.79, Fla. Stat.(17) adds protection: a local building department may not deny a permit to, fine, or penalize an arm's-length purchaser for value solely because a prior owner's permit wasn't closed. The agency keeps its remedies against the prior owner and contractor. That doesn't make the problem disappear, but it limits the new owner's exposure.

Code enforcement liens are different

Separate from permits, a code-enforcement order imposing a fine becomes a lien against the land once a certified copy is recorded (§ 162.09, Fla. Stat.(3)). Those liens do appear in the public records and are handled through the title commitment.

How to search

Each city runs its own building department, and unincorporated areas use the county's. Our city guides link to the official permit portals for Miami, Miami Beach, Coral Gables, Aventura, Sunny Isles Beach, Doral, Fort Lauderdale and Hollywood. Many closings use a municipal lien search covering open permits, code violations and unpaid utility charges.

Practical steps

1. Search early, during the inspection period.
2. Ask the seller to close permits before closing, or negotiate a holdback or credit.
3. Hire licensed help. Verify a contractor's license on the DBPR license search.