Maybe a previous owner enclosed the garage. Maybe a contractor said "we don't need a permit for this." Maybe you did the work yourself. Either way, now there's construction on the property with no permit behind it, and it's showing up at the worst time: a sale, a refinance, an insurance renewal or a code complaint.
The good news: most unpermitted work can be legalized with an after-the-fact permit. The bad news: it costs more and takes longer than doing it right the first time. Here's how it works.
Quick answer
- An after-the-fact permit covers work that's already been built.
- Expect a penalty. In Broward, starting work without a permit can bring a penalty of up to 100% of the usual permit fee, on top of the fee itself.
- You'll likely need drawings of what was built, often from an architect or engineer.
- Inspectors may need to see hidden work. That can mean opening walls or ceilings.
- Some work can't be legalized as built and has to be changed or removed.
Why legalize it at all?
- Selling: buyers' inspectors, appraisers and lenders flag unpermitted additions and conversions. They can kill or reprice a deal.
- Insurance: an insurer may question or deny claims involving work that was never inspected.
- Code enforcement: a complaint can start fines and orders on its own schedule, not yours.
- Safety: the whole point of inspections is catching what you can't see, like wiring, structure and anchoring.
Coming forward on your own terms is almost always better than being forced to after a complaint.
How does the process work?
Step 1. Figure out what was built. List every unpermitted item, like the room, the windows, the electrical and the plumbing. Pull the property's permit history to see what's on record. See how to check permit records.
Step 2. Document existing conditions. An architect or engineer drafts plans of the work as it exists, plus any changes needed to meet the code. Structural work may need an engineer's inspection letter.
Step 3. Apply. The application covers the existing work, with the right sub-permits for each trade. Penalty fees are added according to the city's rules.
Step 4. Review. Reviewers check the drawings against the code and zoning. Expect comments.
Step 5. Inspections. Inspectors need to verify work they normally see before it's covered. Depending on the city and the work, that can mean opening drywall at specific spots, uncovering connections, or accepting an engineer's certification.
Step 6. Corrections and final. Fix what doesn't comply, pass the finals and close the permit.
What can't be legalized as is?
- Work that violates zoning: an addition built into a setback, for example. It may need a variance, a redesign or removal
- Work below flood elevation in a flood zone
- Structural work that can't be shown to meet the code without major changes
- Products without approvals, such as windows without a valid product approval. They usually need to be replaced
How much does it cost?
There are three parts: the permit fees (the same as a normal permit, based on scope or value), the penalty (in Broward, up to 100% of the usual permit fee, depending on the city), and the professional and correction costs: drawings, engineering, opening and patching walls, and any fixes. The last part is usually the biggest.
What if you're the new owner and a previous owner did it?
Florida law protects arm's-length buyers from being denied permits because a previous owner left a permit open (section 553.79(17)). Unpermitted work is a different situation. It's still on the property, and legalizing it falls to the current owner. Ask about unpermitted work before you buy.
Frequently asked questions
Will the city fine me if I come forward?
Expect the after-the-fact penalty fee. Coming forward voluntarily usually goes better than waiting for a code enforcement case, which can add daily fines.
Do I have to open my walls?
Sometimes. It depends on the work and the city. An engineer's inspection and certification can sometimes reduce how much has to be opened.
Can I just remove the work instead?
Yes. Sometimes restoring the original condition is cheaper. Removing work can need its own permit, too, such as a demolition permit.
Have unpermitted work to deal with?
We handle after-the-fact permits across Broward and Palm Beach County, from the permit history search to coordinating drawings, submittal and inspections through final. Call us or request a callback.