Pick your state. We'll take it from there.
Permit Agents gets buildings legal and jobs moving again. Our New York office covers NYC and Long Island. Our Florida office covers the east coast from Vero Beach to Miami-Dade: building code, hurricane construction and code enforcement.
- New York City, all five boroughs
- Nassau County
- Suffolk County
Legalizations, variances, stop work orders, open permits, violations, commercial compliance and ADUs.
- Vero Beach south to Miami-Dade
- Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami-Dade counties
- From the Treasure Coast to Hialeah, Kendall and Little Havana
Hurricane code, roofing, after-the-fact permits, code enforcement liens, recertification and ADUs.
Built without a permit? Stuck at the building department? We fix that.
Permit Agents handles legalizations, variances, stop work orders, open permits and code violations for homeowners, buyers, contractors and business owners in New York City, Nassau County and Suffolk County.
- Scope
- Legalize finished basement & rear deck
- Jurisdiction
- Town of Hempstead, NY
- Issue
- Open violation · sale in contract
- Next step
- Plan review comments answered
What's going on with your property?
Four steps, whatever the problem
Research
We pull the permit history, certificate of occupancy, violations, zoning and flood data for the property before anyone draws a line.
Plan the path
You get a written scope: what must be filed, which professionals are needed, fees, and a realistic timeline.
File & follow up
We prepare the forms, coordinate the architect or engineer, file, answer examiner objections and schedule inspections.
Close out
Final inspections, sign-offs, and the certificate of occupancy, completion or use your sale, refinance or tenant needs.
Legalizing work done without a permit
A legalization gets the building department to approve work that already exists. It is the most common reason homeowners call us, usually when a sale, refinance or insurance claim uncovers it.
What kinds of work need to be legalized?
Anything that required a permit and didn't get one. The ones we see most:
- Finished basements, especially with a bathroom, kitchen or bedroom
- Attic conversions and dormers
- Garage conversions to living space
- Decks, porches, patios with roofs, and sunrooms
- Rear or side extensions
- Second kitchens and accessory apartments
- Pools, sheds over the size limit, fences over the height limit, and central A/C or generators
Why does it matter if nobody has complained?
Unpermitted work surfaces at the worst moment. A buyer's title search compares the house to the certificate of occupancy. A lender may refuse to fund. An insurer can dispute a claim tied to unpermitted work. A neighbor's complaint can bring an inspector and a violation with daily fines. Legalizing on your own schedule is cheaper and faster than doing it under a contract deadline or an open violation.
How does the legalization process work?
- New York City
- An architect or engineer files the as-built work in DOB NOW, usually as an alteration. Plans are reviewed against the NYC Construction Codes and Zoning Resolution. Inspections follow, then sign-off and, where the use or occupancy changes, a new certificate of occupancy.
- Long Island
- Each town and village runs its own building department under the NYS Uniform Code. Expect a current survey, as-built plans, an electrical inspection certificate from an approved third-party agency, and a final inspection. The result is a certificate of occupancy or certificate of completion. If the work breaks a zoning rule, you'll need a variance first.
Will they make me open the walls?
Sometimes. Inspectors need to see what they're approving. We often avoid full demolition with small inspection openings, photos from construction, contractor affidavits, or an engineer's letter. Electrical and plumbing are the areas most likely to need exposure.
Can I legalize a basement apartment?
It depends on zoning first, then building code. The property must be allowed to have a second unit. Then the space needs legal ceiling height, a code-compliant egress window or door from each sleeping room, fire separation from the rest of the house, smoke and CO alarms, and proper ventilation.
In NYC, the 2024 City of Yes rules and a basement conversion pilot program in select neighborhoods opened new paths. On Long Island, most towns handle this as an accessory apartment permit with owner-occupancy requirements. See our ADU page.
How long does it take?
A simple legalization with no zoning problem often takes two to four months from plans to final. If a variance is needed, add the zoning board hearing, which can add several months. Busy departments and examiner objections stretch timelines. We give you a job-specific estimate after reviewing the records.
What does it cost?
Budget for four pieces: survey and plans from a licensed professional, filing and permit fees (plus any penalty fees for work without a permit), corrections the inspector requires, and our expediting fee. We quote our fee as a flat amount once we've seen the file.
I'm buying a house with unpermitted work. What should I do?
Before you close, have us compare the house to the permit history and C.O. You can then ask the seller to legalize, negotiate a credit, or set up an escrow holdback. After closing, the problem is yours.
Variances
A variance is permission from a zoning board to depart from a zoning rule on your property. You need one when your plan, or something already built, breaks a rule like a setback, height limit or lot coverage.
What's the difference between an area variance and a use variance?
An area variance relaxes a dimensional rule: how close to the lot line, how tall, how much of the lot is covered. Most residential variances are area variances.
A use variance allows a use the zone doesn't permit, such as a two-family house in a one-family zone. Use variances are much harder to get because the owner must show unnecessary hardship.
How does a New York zoning board decide?
For area variances, New York law (Town Law §267-b, Village Law §7-712-b) has the board weigh the benefit to you against the harm to the neighborhood, using five factors:
- Will it change the character of the neighborhood or hurt nearby properties?
- Can you get the same benefit another way?
- How substantial is the request?
- Will it harm physical or environmental conditions?
- Was the difficulty self-created? (This counts but doesn't decide the case.)
We build the application around those five questions, with photos, prior approvals on your block, and the smallest relief that works.
What are the most common residential variances?
- Side, front or rear yard setbacks for extensions, decks and porches
- Lot coverage and gross floor area
- Building height and dormers
- Fence and wall height
- Pool, shed and A/C unit location
- Driveway width and parking
- Existing structures built without permits, when legalizing them
What does the process look like?
- The building department reviews your plans and issues a denial (disapproval) listing the zoning sections you don't meet. That denial is what the board hears.
- We prepare the application, drawings, photos and legal narrative.
- Neighbors within a set radius are notified by mail, and a sign may be posted.
- You or we appear at a public hearing. Neighbors can speak for or against.
- The board votes, sometimes with conditions. Then the building permit is issued.
- NYC
- Variances go to the Board of Standards and Appeals (BSA), which is slower and more formal than a Long Island town board.
How long does it take, and what are my chances?
From filing to decision is often three to six months on Long Island, longer at the NYC BSA. Chances improve when the request is modest, similar variances have been granted nearby, and neighbors support it or at least don't object. We'll tell you plainly if we think an application is weak and suggest a design change instead.
My neighbor applied for a variance. Can I oppose it?
Yes. Hearings are public. We prepare written opposition and testimony aimed at the same five factors the board must weigh.
Stop work orders
A stop work order halts construction until the building department is satisfied. Every day it stays up costs you money, so the goal is to find the exact cause and clear it fast.
Why do stop work orders get issued?
- No permit, or an expired permit
- Work beyond the approved scope or plans
- Unsafe conditions: excavation, shoring, scaffolding, falling debris
- Unlicensed or uninsured contractor
- Failed or skipped inspections
- A neighbor complaint that led to an inspection
Full vs. partial stop work order?
In NYC the DOB can halt all work on a site or only the work in question. A partial order may let unrelated work continue. Read the order carefully. It states what is stopped and usually why.
How do I get it lifted?
- Get a copy of the order and any related violations.
- Identify every condition the department cited.
- File or amend permits and plans to cover the work.
- Make the site safe and correct any hazardous condition.
- Pay required penalties or fees.
- Request re-inspection and a rescission of the order.
- NYC
- The order is rescinded by DOB after the underlying issues are addressed. Related violations may also need to be resolved at an OATH hearing.
- Long Island
- Towns often pair a stop work order with an appearance ticket returnable in district court. Clearing the permit issue helps resolve the court case.
Can I do anything to protect the site while it's stopped?
Usually you can secure the site, make it weathertight, and correct dangerous conditions. Ask the department first, in writing if possible. We handle that request.
How long does it take?
A missing permit on otherwise good work can clear in days to a few weeks once filed. Orders involving plans that need new approvals, structural engineering or zoning relief take longer.
My contractor caused this. Who's responsible?
The department looks to the owner and the permit holder. You may have a claim against the contractor, which is a question for your attorney. Our job is to get the order lifted and the work legal.
Open & expired permits
An open permit is one that was issued but never received final inspection. It stays on the property record, often for decades, until someone closes it. Title companies and buyers' attorneys find them at closing.
Why is an old open permit a problem now?
To the building department, the work was never approved as finished. Lenders and buyers treat that as a defect. NYC and Long Island buyers' attorneys routinely require sign-offs before closing.
How do I find out if my property has open permits?
- NYC
- Search the address in DOB NOW and the older BIS system for permits, sign-offs and violations.
- Long Island
- Request the building department file from the town or village, often through a FOIL request. Many permits aren't online.
We pull these records as the first step of every job.
How do you close an open permit?
- Find what inspections were never passed.
- Confirm the work built matches the approved plans. If not, amend the plans.
- Schedule and pass the remaining inspections, including electrical and plumbing sign-offs.
- Obtain the final: a letter of completion, certificate of completion or certificate of occupancy.
The original contractor is gone. Now what?
Very common. Most departments let a new licensed contractor take over the permit, or let the owner take responsibility in some cases. We handle the change-of-contractor paperwork.
I didn't pull the permit. Why is it my problem?
Open permits stay with the property, not the person. Once you own it, the department deals with you. That is why checking before you buy matters.
Building code compliance & violations
Whether you have a violation to clear or want to make sure a house is legal before you buy, it starts with knowing which code applies and what the inspector will look for.
Which code applies
| Where | Building code | Who enforces |
|---|---|---|
| New York City | NYC Construction Codes and Zoning Resolution | DOB; violations heard at OATH; HPD for housing maintenance |
| Nassau & Suffolk | NYS Uniform Fire Prevention and Building Code, plus each town's or village's zoning code | Town or village building department; tickets returnable in district court |
What do inspectors cite most often in homes?
- Bedrooms or basements without a legal egress window or door
- Ceiling heights below code in basements and attics
- Missing or old smoke and carbon monoxide alarms
- Stairs with uneven risers, no handrail, or low guardrails
- No fire separation between an attached garage and the house
- Missing GFCI or AFCI electrical protection, and unpermitted wiring
- Deck ledgers and footings built without proper attachment
- Pool barriers and gates
I got a violation. What happens if I ignore it?
- NYC
- DOB and ECB-type violations go to an OATH hearing. Missing the hearing leads to a default penalty, and unpaid penalties can be docketed as judgments.
- Long Island
- An appearance ticket means a court date. Judges usually adjourn while you legalize, but not forever.
How do I clear a violation?
Correct the condition, get any required permit, and submit proof. In NYC that is often a certificate of correction. On Long Island, the town tells the court the matter is resolved.
Can you check a house before I buy it?
Yes. We compare the house as built to the certificate of occupancy and permit history, list anything unpermitted or open, and estimate what it would take to fix. That gives you facts to negotiate with. This is a records and compliance review, separate from a home inspection.
Commercial code & compliance
Opening a restaurant, converting a store, fitting out an office or buying a mixed-use building brings its own permits. The items below are the ones that most often delay openings.
What is a parking variance, and when do I need one?
Zoning codes require a set number of off-street spaces based on use, usually per square foot of floor area or per seat. When you change a use, say from retail to a restaurant or medical office, the required count often goes up. If the lot can't provide the spaces, you need relief from the zoning board.
Ways to make the case:
- A parking study showing actual demand and peak hours
- Shared parking with neighbors whose peak hours differ
- Leased off-site spaces nearby
- Nearby transit, municipal lots or on-street supply
- Reducing seats or floor area to lower the requirement
- Long Island
- Parking variances are among the most common commercial applications at town zoning boards, especially for restaurants and gyms.
- NYC
- The City of Yes reforms removed or reduced many parking requirements, especially near transit. Check the current rules before assuming you need relief.
What is a fire prevention or fire safety plan?
A written plan, approved by the fire department, describing how a building's occupants are protected and evacuated: exits, alarm and sprinkler systems, staff duties, drills and emergency contacts.
- NYC
- The FDNY requires fire safety and emergency action plans for many buildings, including office buildings, hotels and places of assembly, with trained staff in designated roles.
- Nassau & Suffolk
- The county or town fire marshal reviews fire alarm, sprinkler and kitchen hood suppression plans and inspects before occupancy.
I'm opening a restaurant. What permits are involved?
- Zoning approval for the use, and parking relief if needed
- Building permit for the fit-out, often a change of occupancy
- Kitchen hood, exhaust and fire suppression permits
- Grease trap or interceptor approval
- Health department plan review and food service permit
- Place of assembly permit if occupancy is large enough (in NYC, 75 or more people)
- Sign permits, and in NYC, sidewalk café approval if you want outdoor seating
- Final certificate of occupancy
What is a change of use or occupancy?
When a space goes from one occupancy classification to another, such as retail to assembly or storage to office, the building must meet the code for the new use. That can trigger sprinklers, more exits, accessible restrooms and a new certificate of occupancy. Check this before signing a lease.
Do I have to make my space accessible?
Alterations to commercial space generally must meet accessibility rules for the altered area. Under the federal ADA, when you alter a primary function area, up to 20% of the project cost may need to go toward an accessible path of travel, restrooms and drinking fountains serving it. NYC and New York State have their own accessibility requirements on top of this.
What other building compliance programs should owners know about?
- NYC
- Façade inspections (Local Law 11/FISP) for buildings over six stories, and Local Law 97 emissions limits for most buildings over 25,000 sq ft.
What should I check before signing a commercial lease?
- Is my use allowed in this zone, as-of-right?
- Does the certificate of occupancy match my use?
- How many parking spaces does my use require, and how many exist?
- Are there open permits or violations on the building?
- Is there a sprinkler system, and is it adequate for my use?
- Are the restrooms and entrance accessible?
We do this review before you sign, so you can negotiate who pays for what.
ADUs in New York & beyond
An ADU is a second, smaller home on a single-family lot, with its own kitchen, bathroom and entrance. It can house family or produce rental income. Whether you can build one depends almost entirely on where the property is.
Types of ADUs
New York
Does New York State allow ADUs?
New York has no statewide ADU mandate. Each city, town and village decides. That makes New York City and Long Island very different.
What are the NYC rules under City of Yes?
Since the City of Yes for Housing Opportunity was adopted in December 2024, one- and two-family homes in NYC may add one "ancillary dwelling unit." The main rules:
- One ADU per lot: backyard, attached, basement/cellar, attic or garage conversion
- Up to 800 sq ft, which counts toward the lot's floor area
- Detached units up to 15 ft tall, at least 5 ft from side and rear lot lines
- No parking required
- The owner must live on the property when the ADU is first occupied
- New backyard ADUs aren't allowed in historic districts, FEMA flood zones, or certain lower-density zones outside the transit zone
A building permit from DOB is required. Separately, NYC is running a basement and cellar apartment conversion pilot in select neighborhoods.
What about Nassau and Suffolk?
Long Island towns and villages call these "accessory apartments" and regulate them locally. Common conditions include:
- The owner must live in the house or the apartment
- A special permit or accessory apartment permit, often renewed periodically
- Minimum lot or house size, and a cap on the apartment's size
- Some towns limit the apartment to inside the main house or to family members
- In Suffolk, Health Department sanitary density rules can limit a second unit on a septic system
Villages inside a town have their own rules. We confirm the rules for your exact address.
Other states with statewide ADU laws
For Florida, see our Florida ADU page. These states require local governments to allow ADUs, with local rules still controlling many details. Several others (including Colorado, Utah, Rhode Island, Nevada, Hawaii and Virginia) have laws covering some jurisdictions.
| State | Law | Year |
|---|---|---|
| California | Series of state ADU laws, updated regularly | 2016 onward |
| Oregon | SB 1051 | 2017 |
| Maine | LD 2003 | 2022 |
| Connecticut | Public Act 21-29 | 2021 |
| Washington | HB 1337 | 2023 |
| Vermont | Act 47 | 2023 |
| Montana | SB 528 | 2023 |
| Arizona | HB 2720 | 2024 |
| Massachusetts | Affordable Homes Act (ADUs by right) | 2024 |
| New Hampshire | RSA 674:71–73, expanded | 2025 |
| Maryland | HB 1466 | 2025 |
Questions that apply everywhere
Can I rent out an ADU?
Usually, yes, as a long-term rental. Many places restrict short-term rentals such as Airbnb, and some require owner occupancy of the property.
Can I sell the ADU separately?
Generally no. An ADU stays on the same lot and under the same ownership as the main house unless the lot is legally subdivided or condominiumized.
Does an ADU raise my property taxes?
Typically, yes. The new construction is assessed and added to the property's value.
How long does an ADU take to permit?
A conversion inside an existing structure can be permitted in a few months. A new detached unit takes longer, especially if zoning relief, sanitary approval or flood review is involved.
Send us your New York property details
Call, or fill this out. Tick off the documents you have and attach them. They come straight to our New York office.
Service area
- New York City, all five boroughs
- Nassau County
- Suffolk County
Hurricane code, roofs, violations and liens. Handled.
Florida's east coast builds to some of the strictest wind code in the country. With our architect partner in Vero Beach, we take jobs from the Treasure Coast south to Miami-Dade. When work was done without a permit, a roof or window job was never closed, or code enforcement fines are piling up, we get the property back in compliance.
- Scope
- Legalize enclosed carport & impact windows
- Jurisdiction
- Unincorporated Miami-Dade
- Issue
- Code case · daily fines accruing
- Next step
- After-the-fact permit filed
What's going on with your Florida property?
Where we work, Vero Beach to Miami-Dade
These areas have a lot of older homes, rear units and past renovations, so unpermitted work and open permits come up often at sale, refinance or during code enforcement sweeps.
Research
Permit history, open and expired permits, code cases, liens, flood zone and zoning for the folio or parcel number.
Plan the path
What must be permitted, plans from our architect partner in Vero Beach or an engineer, fees and timeline.
File & inspect
Applications, product approvals, plan review comments and inspections, including private provider options.
Close out
Finals, certificate of completion or occupancy, case closure and lien release or reduction requests.
Hurricane code: windows, doors, shutters & wind
From Vero Beach to Miami-Dade, windows, doors, shutters and roofs have to be built for hurricanes. Miami-Dade and Broward are the High-Velocity Hurricane Zone (HVHZ), the strictest part of the Florida Building Code. Palm Beach, Martin, St. Lucie and Indian River counties follow the statewide wind rules. Either way, anything that protects an opening or holds the roof down needs the right product approval, a permit and an inspection.
What is the High-Velocity Hurricane Zone?
The HVHZ is Miami-Dade and Broward counties. The Florida Building Code applies its toughest wind, impact and testing rules there. Products must pass HVHZ testing, and construction is designed for the highest wind loads in the state.
North of Broward, in Palm Beach, Martin, St. Lucie and Indian River counties, the HVHZ rules don't apply, but wind speeds are still high. Coastal areas are generally in the wind-borne debris region, so openings still need impact protection. Your permit's design wind speed depends on the exact location.
Do I need a permit to replace windows or doors?
Yes. Window, door, sliding door and garage door replacements need a building permit everywhere from Vero Beach to Miami-Dade. The permit application lists each product and its approval number, and an inspector checks the installation.
Replaced without a permit? That shows up at sale, on insurance inspections and in code cases. It can usually be fixed with an after-the-fact permit if the products carry the right approvals.
What is a Miami-Dade NOA vs. Florida Product Approval?
- Miami-Dade NOA
- A Notice of Acceptance issued by Miami-Dade County after HVHZ testing. Required for exterior products used in Miami-Dade.
- FL Product Approval
- The state approval system (FL number). Products used in the HVHZ must be approved for HVHZ use; Broward accepts products approved for the HVHZ. In Palm Beach, Martin, St. Lucie and Indian River counties, a Florida Product Approval rated for your site's wind pressure is the usual requirement.
Keep the product labels and paperwork. They are the fastest way to prove compliance later.
Do I need impact windows or can I use shutters?
Openings in wind-borne debris regions must be protected, either with impact-rated windows and doors or with approved shutters or panels. Permanent shutters (accordion, roll-down, colonial) need a permit. Removable panels need to be approved products too.
What is a wind mitigation inspection?
A licensed inspector documents the roof covering, roof deck attachment, roof-to-wall connections, roof shape and opening protection on the state's uniform mitigation form (OIR-B1-1802). Insurers use it to give premium discounts. Unpermitted windows or shutters may not earn credit.
What changes with the 2026 Florida Building Code?
The 9th Edition of the Florida Building Code takes effect December 31, 2026. It updates wind load maps and component pressures, rewrites parts of the re-roofing rules and tightens energy requirements. Projects permitted under the 8th Edition generally stay under it for the life of that permit, so filing before the switch can matter.
What is the 50% rule in flood zones?
In a FEMA flood zone, if the cost of improvements or repairs reaches 50% of the building's market value, the whole building must be brought up to current flood rules, often meaning elevation. This is the "substantial improvement / substantial damage" rule. Some cities count improvements over several years. We check this before you start a big renovation or storm repair.
Do generators and hurricane straps need permits?
Yes. Standby generators need electrical and often gas and building permits. Adding or improving roof-to-wall connections is permitted work, often done during a re-roof.
Roof permits, re-roofs & the 25% rule
From Vero Beach to Miami-Dade, the roof is where insurance, hurricane code and permits collide. A roof done without a permit, or a permit the roofer never closed, can stop a sale or a policy renewal.
Do I need a permit to replace or repair my roof?
A roof replacement (re-roof) always needs a permit. Many repairs do too. Some jurisdictions exempt very small repairs, but the threshold varies, so ask before assuming. In the HVHZ, the permit lists the roofing system's product approvals and the required uplift resistance.
What is the 25% rule, and did it change?
Traditionally, if more than 25% of a roof section was repaired or replaced within 12 months, the entire roof section had to be brought up to current code.
Since 2022, Florida law (F.S. §553.844(5)) says that if the existing roof was built or replaced under the 2007 Florida Building Code or later, only the portion being repaired must meet current code. Older roofs still fall under the 25% rule. This matters a lot for insurance claims.
What gets inspected on a re-roof?
- Roof deck condition and re-nailing to current fastening schedules
- Secondary water barrier and underlayment (dry-in)
- Flashing, edge metal and penetrations
- Tile or shingle attachment per the product approval
- Roof-to-wall connections where the code requires improvement during a re-roof
- Final inspection
Miss an inspection and the permit stays open, even if the roof is finished.
Who can pull a roofing permit?
A Florida-licensed roofing or general contractor, or the owner as an owner-builder on their own home. Owner-builders take on the contractor's responsibilities and must sign a disclosure. If you hire someone, verify their license with the Florida DBPR.
My roofer disappeared and the permit is still open.
Very common. A new licensed roofer can usually take over the permit with a change-of-contractor filing, then finish the remaining inspections. If the work doesn't match the approved plans, we amend them first.
How does the roof affect my insurance?
Insurers look at roof age, a 4-point inspection, and the wind mitigation report. An unpermitted or open-permit roof can mean non-renewal or lost discounts. A properly permitted and finaled roof, with documented deck attachment and roof-to-wall connections, earns credits.
Storm damage: can I fix it right away?
Emergency tarping and temporary measures to prevent further damage are generally allowed right away. Permanent repairs need a permit. Photograph everything before and after for both the insurer and the building department.
After-the-fact permits
Florida's term for legalizing work that was already built without a permit. Enclosed garages and carports, rear efficiencies, additions and window swaps are the jobs we see most from Vero Beach to Miami-Dade.
What work commonly needs an after-the-fact permit?
- Garage and carport enclosures turned into bedrooms or family rooms
- Rear efficiencies and in-law units
- Room additions, patios and screen enclosures
- Kitchen and bathroom remodels with plumbing or electrical changes
- Window, door and shutter replacements
- A/C change-outs, water heaters and generators
- Fences, driveways, sheds and pool work
How does the process work?
- We pull the permit and code enforcement history by folio or parcel number.
- A Florida-licensed architect or engineer prepares as-built drawings.
- Zoning review checks setbacks, lot coverage, parking and use. If it doesn't comply, the choices are a variance, changes, or removal.
- The building department reviews the plans. Fees for work started without a permit are often higher, commonly double in many jurisdictions.
- Inspections, which may require opening walls or ceilings.
- Final approval and, where required, a certificate of completion or occupancy.
Can a rear efficiency be legalized?
Sometimes. It depends on whether the zoning allows a second unit on your lot, and on setbacks, parking, size, and building and fire code. Some cities have specific rules or programs for accessory units. Others don't allow them in single-family zones at all, in which case the kitchen may have to come out. See our Florida ADU page.
Can a private provider speed this up?
Florida law (F.S. §553.791) lets owners hire a licensed private provider for plan review and inspections instead of waiting on the building department. It costs more, but it can save weeks. We tell you when it's worth it.
Can I pull the permit myself as the owner?
Florida allows owner-builder permits for your own home, with a signed disclosure. You become responsible like a contractor. If you sell or rent the property within a year of completion, the law may presume you built it for sale, so check before choosing this route.
I'm buying a house with an enclosed garage. What should I check?
Before closing, check the permit history for the enclosure and ask for a municipal lien and open permit search. An unpermitted enclosure can mean a code case after you buy, higher insurance, and a cost to legalize or restore. Use it to negotiate.
Violations, fines & liens
Florida code enforcement runs under Chapter 162 of the Florida Statutes. Fines can accrue every day and turn into liens on the property. The sooner the violation is fixed, the more you save.
How does a Florida code case work?
- An inspector issues a notice of violation with a date to correct it.
- If it isn't corrected, the case goes to a code enforcement board or special magistrate hearing.
- The magistrate can order compliance and set a daily fine that starts if you miss the deadline.
- The fine order can be recorded as a lien against the property.
How much can the fines be?
Chapter 162 sets default limits of up to $250 per day for a first violation and $500 per day for a repeat violation. Larger local governments can adopt higher limits by ordinance. Over months, that adds up fast.
Can the city start a case from an anonymous complaint?
Since 2021, Florida law generally bars code inspectors from starting an investigation from an anonymous complaint. The person complaining must give their name and address, unless the inspector believes there's an imminent threat to health or safety. Inspectors can still cite what they see themselves.
Can a lien be reduced?
Often, yes. Once the property is in compliance, most cities and the county have a lien reduction (mitigation) process. Reductions weigh how fast you complied, the reason for the delay, and the city's costs. A clean, documented compliance file gives you the best chance.
What is an unsafe structure notice?
A building official can declare a structure unsafe when it's dangerous, abandoned or seriously damaged, including buildings that miss recertification. Miami-Dade and Broward have Unsafe Structures Boards that hear appeals; in Palm Beach and the Treasure Coast counties, the local building official and a board or magistrate handle these cases. Deadlines to respond are short, and the outcome can be repair, a demolition order or penalties.
I just bought the property. Is the old case my problem?
Usually, yes. Recorded liens stay with the property, and the violation still has to be corrected. That's why a municipal lien search before closing matters.
Open & expired permits
In Florida, open and expired permits are one of the most common problems found in a title company's municipal lien search. Roof, window, A/C and fence permits are the usual culprits.
Why does an open permit block my closing?
The building department never approved the work as finished. Lenders, title underwriters and buyers treat that as a defect, and some won't close until it's resolved.
What's the difference between open and expired?
An open permit is active but missing a final inspection. An expired permit lapsed because work stopped or inspections weren't called in time. Expired permits usually need to be renewed or reactivated, for a fee, before inspections can happen.
How do you close them?
- Find which inspections were never passed.
- Reactivate the permit if it expired.
- Change the contractor if the original one is gone.
- Pass the remaining inspections, amending plans if the work changed.
- Get the final and a clean updated search.
Can very old permits be closed without inspection?
Florida law lets building departments close some older permits when no apparent safety hazard exists. Each department applies this differently, so we check what yours will accept.
How long does it take?
A simple roof or window final can take days to a few weeks. Permits needing plan changes or new engineering take longer. Call as soon as the title search comes back.
Recertification & milestone inspections
After the Surfside collapse, Florida added statewide milestone inspections for condo and co-op buildings. Miami-Dade and Broward also run their own building recertification programs, and some cities in Palm Beach County and on the Treasure Coast have added local rules.
Which buildings need recertification in Miami-Dade?
Most buildings other than single-family homes and duplexes. Small buildings of 2,000 sq ft or less with an occupant load of 10 or fewer are exempt.
- Most buildings
- First recertification at 30 years, then every 10 years.
- Coastal condos
- Condo and co-op buildings three stories or taller within 3 miles of the coast: first inspection at 25 years, then every 10 years.
What does the state milestone inspection require?
Under F.S. §553.899, condominium and cooperative buildings three stories or taller need a structural milestone inspection by a licensed architect or engineer, then repeat inspections every 10 years. Associations must also complete a structural integrity reserve study (SIRS).
What does the inspection cover?
- Structural: foundations, columns, beams, slabs, balconies, railings and signs of deterioration
- Electrical: service, panels, wiring and, where required, parking lot lighting
- A written report and any repairs the engineer requires, with permits
What if we miss the deadline?
Late or failed recertification can lead to the building being declared unsafe, with fines and possible vacate orders. If repairs are needed, the permit and repair timeline becomes part of the approval.
How do you help?
We track the notice deadline, coordinate the engineer, file repair permits, handle inspections and submit the report package so the building gets its recertification letter.
Florida commercial code & compliance
Opening a restaurant, retail store or office anywhere from Vero Beach to Miami-Dade means zoning, building, fire and business licensing approvals. These are the items that usually delay opening day.
What is a certificate of use?
Many jurisdictions, including Miami-Dade, the City of Miami and a number of Broward and Palm Beach cities, require a certificate of use before a business can occupy a space. It confirms the use is allowed by zoning and the space passed required inspections. You'll also need a local business tax receipt.
What does the fire marshal require?
Fire departments enforce the Florida Fire Prevention Code. Expect plan review for fire alarms, sprinklers and kitchen hood suppression, an inspection before opening, and annual fire inspections after. Assembly spaces such as restaurants and event venues get extra attention for exits and occupant load.
I'm opening a restaurant. What's involved?
- Zoning confirmation and parking for the use
- Building permit for the build-out, often a change of occupancy
- Hood, exhaust and fire suppression permits
- Grease trap or interceptor approval from the water and sewer utility
- Food service plan review and license from the Florida DBPR Division of Hotels and Restaurants
- Sign permits and outdoor seating approvals
- Certificate of use and final inspections
What about parking?
Changing from retail to restaurant or medical office usually raises the parking requirement. Depending on the city, relief may come through a variance, an administrative parking reduction, a shared-parking agreement or leased off-site spaces.
Do storefronts need hurricane protection?
Yes. Storefront glass, doors and roll-up doors must meet HVHZ requirements with product approvals. Replacing a storefront is permitted work.
Accessibility requirements?
Florida has its own Florida Building Code, Accessibility, alongside the federal ADA. Under the ADA, when you alter a primary function area, up to 20% of the project cost may need to go toward an accessible route, restrooms and drinking fountains serving it.
What should I check before signing a lease?
- Zoning allows my use and the certificate of use can be issued
- Parking count works for my use
- No open permits, code cases or unsafe structure notices on the building
- Recertification is current
- Sprinklers, hood, grease trap and restrooms fit my plans
ADUs & granny flats in Florida
Florida lets cities and counties allow accessory dwelling units but doesn't require them. Whether you can build one, or legalize an existing efficiency, depends on the local code for your exact parcel.
Does Florida law allow ADUs?
F.S. §163.31771 allows local governments to permit ADUs in single-family zones but doesn't require it. Bills to create a statewide right to build ADUs failed in 2025 and again in 2026 (SB 48). So each city and county sets its own rules.
Under the statute, an ADU rented to a very-low, low or moderate-income household can count toward the local affordable housing inventory.
What do cities from Vero Beach to Miami-Dade typically require?
- ADUs allowed only in certain zoning districts
- A size cap, as square footage or a percentage of the main house
- Owner occupancy of one of the units in many cities
- Limits on short-term rentals
- A certificate of use or rental registration in some cities
Miami, Hialeah, Fort Lauderdale, the Palm Beach County cities, Port St. Lucie, Stuart and Vero Beach all have different rules, and unincorporated county areas differ again. We check the code for your folio or parcel number.
What else can stop a Florida ADU?
- HOA and deed restrictions. Many subdivisions prohibit a second unit even where the city allows it.
- Flood zone. The floor may need to sit above base flood elevation.
- Septic. Much of Miami-Dade and many Treasure Coast neighborhoods are on septic, and the system must have capacity for another unit.
- Hurricane code. Impact openings and engineered roof connections add cost.
I already have an efficiency. Can it be legalized as an ADU?
If your city allows ADUs in your zone and the unit meets size, setback, parking and code rules, often yes, through an after-the-fact permit. If not, the options are converting it back to part of the main house or removing the kitchen. See after-the-fact permits.
Other states with statewide ADU laws
These states require local governments to allow ADUs, with local rules still controlling many details. Several others (including Colorado, Utah, Rhode Island, Nevada, Hawaii and Virginia) have laws covering some jurisdictions.
| State | Law | Year |
|---|---|---|
| California | Series of state ADU laws, updated regularly | 2016 onward |
| Oregon | SB 1051 | 2017 |
| Maine | LD 2003 | 2022 |
| Connecticut | Public Act 21-29 | 2021 |
| Washington | HB 1337 | 2023 |
| Vermont | Act 47 | 2023 |
| Montana | SB 528 | 2023 |
| Arizona | HB 2720 | 2024 |
| Massachusetts | Affordable Homes Act (ADUs by right) | 2024 |
| New Hampshire | RSA 674:71–73, expanded | 2025 |
| Maryland | HB 1466 | 2025 |
Questions that apply everywhere
Can I rent out an ADU?
Usually, yes, as a long-term rental. Many places restrict short-term rentals such as Airbnb, and some require owner occupancy of the property.
Can I sell the ADU separately?
Generally no. An ADU stays on the same lot and under the same ownership as the main house unless the lot is legally subdivided or condominiumized.
Does an ADU raise my property taxes?
Typically, yes. The new construction is assessed and added to the property's value.
How long does an ADU take to permit?
A conversion inside an existing structure can be permitted in a few months. A new detached unit takes longer, especially if zoning relief, sanitary approval or flood review is involved.
Send us your Florida property details
Tell us the address and what's going on. Tick off the documents you have and attach them. They come straight to our Florida office.
Service area
Our architect partner is based in Vero Beach. We take jobs from there south to Miami-Dade.
- Indian River County (Vero Beach, Sebastian)
- St. Lucie County (Port St. Lucie, Fort Pierce)
- Martin County (Stuart, Palm City)
- Palm Beach County
- Broward County
- Miami-Dade County