You're about to buy a house. The inspection looks fine. Then, two weeks before closing, someone finds an open permit from a roof job in 2016, or an expired one for an addition that never got its final inspection. Now the closing date is at risk.
Open permits are one of the most common, and most avoidable, surprises in South Florida real estate. Here's how to check before you're under pressure, and what to do if you find one.
Quick answer
- An open permit was issued but never got its final inspection and closed.
- An expired permit ran out of time before the work was finished or inspected.
- Search the permit history with the building department for the property's jurisdiction, usually the city.
- Florida law protects buyers from being denied new permits because of a previous owner's open permit (section 553.79(17)), but open permits can still cause problems with lenders, insurers and title.
- Most open permits can be closed. The fix depends on whether the work was finished.
Why do open permits matter if Florida protects buyers?
Since 2019, Florida law says a building department can't deny a permit to, or penalize, someone who bought a property in an arm's-length sale just because a previous owner left a permit open. That's real protection.
But it doesn't make the problem disappear:
- Lenders and title companies may want open permits resolved before closing
- Insurers may question work that was never finally inspected
- The work itself may not meet code, and that's now your house
- Expired permits for unfinished work may mean real repairs, not just paperwork
How do you search permit records in Broward?
Step 1. Find the jurisdiction. Look up the property on the Broward County Property Appraiser site and check which city it's in. Mailing addresses can be misleading. See who issues permits in Broward.
Step 2. Search that jurisdiction's permit records. Most cities have an online portal. In Fort Lauderdale, it's LauderBuild. For unincorporated Broward, it's Broward County's building records.
Step 3. Look at status, not just the list. You're looking for permits marked open, active, expired, or anything without a final inspection.
Step 4. Request older records if needed. Older permits may not be online. Cities usually take public records requests.
Step 5. Compare the permits with the house. An addition, enclosed garage or new windows with no permit at all is a different problem: unpermitted work. See permits for work already done.
Online portals often need exact search terms. A broader search sometimes finds what a specific one misses.
How do open permits get closed?
Florida law gives owners several routes (section 553.79(16)):
- The original contractor finishes it. They schedule and pass the remaining inspections.
- A new contractor takes over. The owner can hire a different licensed contractor to close it. The new contractor is responsible only for its own work.
- Expired but substantially complete. If the work was basically done, the permit can be closed without a new permit, after inspections show the work meets the code.
- The 6-year rule. A building department may close a permit 6 years after it was issued, without a final inspection, if it finds no apparent safety hazard. That's the department's choice, not something you can demand.
What should a buyer do?
- Search permits during your inspection period, not after
- Ask the seller to disclose and close open permits before closing
- Get a price or timeline for anything that can't be closed in time
- Talk to your agent and title company about how open permits are handled in your contract
What should a seller do?
Search your own property before listing. Closing an old permit takes time: finding the contractor, scheduling inspections, sometimes small repairs. Doing it before the house is under contract keeps it off the critical path.
Frequently asked questions
Can I close a permit the previous owner opened?
Yes. As the new owner, you can hire a licensed contractor to take it over and close it, or work with the building department if it's expired but substantially complete.
Will an open permit stop my closing?
Not by law, but your lender, title company or the contract may require it to be resolved. Check early.
How long does it take to close an old permit?
It depends on what's left. Paperwork-only closures can be quick. Missing inspections or required repairs take longer.
Buying or selling in Broward or Palm Beach?
We pull permit histories, find open and expired permits, and handle close-outs with the building department, through to the final inspection. Call us or request a callback.