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Guide · Short answer

Open or expired permits:
how to close them before selling your home

An open permit is one that was pulled but never closed with a final inspection; it usually shows up in the permit search for a sale or refinance. Florida law allows the current owner to close it even if they were not the one who applied, with the original contractor or a new one.

If the permit expired but the work was substantially completed, the law allows it to be closed without pulling a new permit, as determined by the local agency. First you have to find them: Miami-Dade offers free online searches and a formal open-permit search by email.

Guide

Step by step

  1. Search the property's permitsBy address or folio number, with the County's online tools (permits and inspection history, and expired-permit violations).
  2. Identify the jurisdictionIf the home is in a municipality (like Hialeah) but the permit is an older County permit, it is closed by the city first, then the County closes it administratively with a letter from the municipal building official.
  3. Choose a contractorThe law lets the current owner keep the original contractor or hire another one to close the permit.
  4. Complete inspections or correctionsWhatever is missing for the final inspection. If the permit expired but the work was substantially complete, it may be closed without a new permit.
  5. Get proof of close-outTo give to the buyer, the lender or the title company.

What the official sources say

  • A property owner, whether or not they applied for the permit, may close it; they may retain the original contractor or hire another (s. 553.79(16)(a)). [1]
  • An expired permit whose work is substantially completed may be closed without a new permit, as determined by the local agency (s. 553.79(16)(b)). [1]
  • The agency may close a permit 6 years after issuance, even without a final inspection, if no apparent safety hazards exist (s. 553.79(16)(c)). [1]
  • An arms-length purchaser may not be denied a permit, fined or cited solely because a previous owner's permit was not closed (s. 553.79(17)(a)). [1]
  • Miami-Dade offers free online searches of permits and expired-permit violations, and a formal open-permit search by email (for a fee). [2]
  • County permits on properties now inside a municipality are closed by that jurisdiction first, then the County is asked for administrative closure. [3]

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Frequently asked questions

Close open permits before selling

The open permit belongs to a previous owner. Is it my problem?
You can close it even if you did not pull it. Florida law also protects arms-length buyers: they cannot be fined solely because a previous owner left a permit open.
Do I need a new permit?
Not always. If the permit expired but the work was substantially completed, the local agency may close it without a new permit.
Will a home inspection catch it?
Not necessarily. The County warns that many home inspections do not check for illegal construction or outstanding code violations, so it pays to search permits before selling.
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