neW LaW ProviDes soLutions for oPen anD eXPireD BuiLDing Permits
Real Property, Probate & Trust law Section
Chairs:ElaineMcGinnis-LawOfficeofElaineMcGinnis,P.A.andKristinMorris-Shutts&Bowen
after six years, local
enforcement agencies may
close an open building
permit if the agency
S
tarting October 1, 2019,
Florida homeowners,
realtors, and title
companies will have several
new remedies for open and expired
building permits. 1
Open and expired building
permits cause an array of
complications, including delay
or cancelation of closings when
such permits are not resolved.
In response, real estate attorneys,
closing agents, and title companies
routinely search for open or expired
building permits before closings.
In addition to affecting potential
property sales, these permits may
prevent current property owners
who are planning to start a new
project, from obtaining the
necessary permits. Property owners
intending to sell or renovate their
property are finding open and
expired permits anywhere from 20
to 30 years old. When a property
owner discovers such permits,
the resolution process has been
challenging and complicated.
Agencies often require new permits,
additional construction to satisfy
open permits, and possible fines for
the property owner. 2
The new law provides options
for property owners dealing with
determines no apparent
safety hazards exist.
an open building permit from a
previous owner. Beginning in
October 2019, property owners,
even those not listed on the
application for the building permit,
may close open building permits, so
long as the property owner complies
with the statutory requirements. 3
The law also provides flexibility
for property owners attempting
to satisfy the permit requirements.
Specifically, a property owner may
retain the original contractor, or
hire a different contractor —
licensed in Florida — to perform
the work needed to satisfy the
conditions of the permit. 4 If the
property owner discovers there is
an expired permit, and the local
enforcement agency determines
the requirements are substantially
complete, the permit may be
closed without the property owner
having to obtain a new building
permit. 5 Further, the required
work may be done pursuant to
the building code in effect at the
time of the initial permit, as
opposed to the time the property
owner discovered the permit. 6
The new law also provides
solutions for aged and open
building permits lacking a final
inspection. After six years, local
enforcement agencies may close an
open building permit if the agency
determines no apparent safety
hazards exist, though the law does
not define the phrase “no apparent
safety hazards.” 7 Additionally, local
agencies may not penalize the new
property owner because the
previous owner failed to properly
close the building permit. 8 n
1
Ch. 2019-75, Laws of Florida.
2 House
Analysis of 2019
House Bill 447, at
7 (June 11, 2019).
3 § 553.79(15),
Fla. Stat. (2020).
4 Id. at (15)(a).
5 Id. at (15)(b).
6 Id.
7 Id. at (15)(c).
8 Id. at (16).
Authors:
Danielle Gruber
and Derek
Larsen-Chaney –
Phelps Dunbar
LLP
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44
MAR - APR 2020
|
HCBA LAWYER